• Follow the Money? Not with Hillary, Follow Pat…

    August 28, 2015 // 13 Comments

    Tags: ,
    Posted in: 2016, Embassy/State, Iraq

    pat kennedy


    The old adage, “follow the money,” is still not a bad way to suss out wrongdoing. Originated during the Watergate era, the term says if you follow the trail of money through an organization or a caper, you’ll find the guilty people at the end.

    With the State Department and Hillary Clinton, the advice should read: “Follow Pat Kennedy.”



    Meet Pat Kennedy

    The name of long-time State Department Under Secretary for Management, Patrick Kennedy, pictured, is unknown to most journalists and nearly all of the public, but he in fact is present at every significant public issue State confronts. Take a look…



    Kennedy and Manning

    Do a little Googling around, and there’s Pat helping drive nails into Chelsea Manning’s coffin, testifying at his trial about the “grave damage” done to America’s national security. Kennedy in September 2013 admitted his testimony “contained misstatements,” which he said were “inadvertent.” Kennedy also oversaw State’s internal report on Wikileaks’ impact and ran the working group that was supposed to identify people at risk because their names appeared in the State Department cables online.



    Kennedy and Benghazi

    And at the Congressional Benghazi hearings, there’s Pat testifying Clinton did no wrong, that State as an institution did no wrong, and helping throw a few lesser officials under the bus in hopes of making it all go away.

    One of those officials Pat helped deep six later came out as a whistleblower, suggesting Clinton’s staff skimmed incriminating documents off the pile turned over to Congress.

    Kennedy also was the one who hand-picked the members of State’s internal Accountability Review Board that failed in December 2012 to find any senior official at fault for any wrongdoing in the run-up to Benghazi. That Review Board chose not to interview Secretary of State Clinton about her role in Benghazi.



    Kennedy and Child Prostitution Cover-Up

    It was Pat who helped former American Ambassador to Belgium Howard Gutman retire in order to curtail a public investigation.

    A State Department investigator asserted Gutman solicited “sexual favors from both prostitutes and minor children.” Howard Gutman and members of Clinton’s security detail were also accused of hiring prostitutes. According to an internal memo prepared by the State Department Inspector General in October 2013, Kennedy personally called off an investigation.



    Kennedy and Iraq

    Pat was also one of the primary justifiers for the $3.5 billion spent on building America’s largest embassy in the world, in Baghdad. He oversaw parts of the Blackwater investigation and contracting.

    Kennedy was also the central figure in the First Amendment struggle over my Iraq book critical of the State Department, We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People



    Dirty Deeds Done Dirt Cheap

    There’s more, but you get the picture. When dirty deeds need to be done dirt cheap to protect Clinton and State, Pat’s your man.

    So it is little surprise that media reports now tell us that the Under Secretary Patrick Kennedy is now in charge of running interference on Capitol Hill regarding the Clinton email controversy.

    Kennedy reportedly visited lawmakers in July and argued that the Abedin email along with another one sent in 2012 by another Clinton aide, Jake Sullivan, are not classified. The Under Secretary also argued that the information in the emails was already public.

    However, one source said that it was odd that Kennedy wanted to discuss the matter in a secure facility for classified information while simultaneously arguing that the Abedin email was not classified.

    The source also said that Kennedy cited a report from the Irish Times in 2011 as evidence, but that the details were not comparable. Kennedy also said that someone from the CIA agreed with his conclusion. However, the CIA was not the agency that sent the email.



    The Fixer

    Kennedy likely has more in the fire with the Clinton emails than his usual dollops of blind institutional loyalty.

    Given his role at State, Pat Kennedy is very likely to be the most senior official below the Secretary of State’s own staff to have either signed off on Hillary’s email server or passively fended off concerns from the rank and file about it. There are no doubt interesting emails with his name on them to be FOIAed or subpoenaed about all that. Pat no doubt hopes like hell a Democrat wins the presidential election or he is toast.

    So, mark this down: when Pat Kennedy steps into the picture, State/Clinton knows it is in real trouble and is calling in its Fixer of Last Resort. Journalists would be wise to keep on eye on Kennedy’s schedule over the coming months.



    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • Cooking the Books: The Danger of Bad Intel on Islamic State

    August 27, 2015 // 7 Comments

    Tags: ,
    Posted in: Afghanistan, Embassy/State, Iraq

    scan from file copy negative

    Are American analysts skewing intelligence reporting and assessments to provide a rosier outlook of U.S. progress against Islamic State?


    At least one civilian Defense Intelligence Agency analyst says so, and has convinced the Pentagon’s Inspector General to look into it. The analyst says he had evidence officials at United States Central Command, overseeing the American campaign against Islamic State, were improperly rewriting conclusions of intelligence assessments prepared for policy makers, including President Obama.

    While legitimate differences of opinion are common in intel reporting, to be of value those differences must be presented to policy makers, and played off one another in an intellectually vigorous check-and-balance fashion. There is a wide gap between that, and what it appears the Inspector General is now looking at.

    Cooking the intel to match policy makers’ expectations has a sordid history in the annals of American warfare. Analysis during the Vietnam War pushed forward a steady but false narrative of victory. In the run-up to Iraq War 2.0, State Department analysis claiming Saddam had no weapons of mass destruction was buried in favor of obvious falsehoods.

    Jokes about the oxymoron of “military intelligence” aside, bad intel leads to bad decisions. Bad intel created purposefully suggests a war that is being lost, with the people in charge loathe to admit it.



    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • Explainer: ‘Anchor Babies’ and the Law

    August 26, 2015 // 16 Comments

    Tags: , ,
    Posted in: 2016

    anchorbabies

    Thanks to brave presidential candidates Trump and Bush, et al, the term “anchor baby” is now the subject of interest and ignorance by a media preoccupied with whatever shiny object is held in front of it.

    Trump wants to tear up part of the Constitution he unilaterally proclaims is unconstitutional; no one is sure what the other Republicans plan to “do” about this issue, but they sure don’t support it somehow.



    Anchor Babies

    So what are “anchor babies” and which parts of American law affect them?

    An “anchor baby” (many find the term offensive, referring as it does to a child as an object) is a child born in the United States to a foreign citizen, legally or illegally present in the U.S., who, by virtue of the 14th Amendment to the Constitution, automatically and forever acquires American citizenship. The child need only prove s/he was born in the U.S.

    The term anchor comes into play because at the age of 21 the child can begin filing green card paperwork for his/her extended family. The single American citizen in a family becomes the “anchor” through which all can eventually become legal permanent residents of the U.S. and soon after, citizens.

    Many conservatives feel conveying citizenship so freely cheapens the meaning of being an “American,” and especially object to the idea that a mother illegally in the United States can birth an American citizen. Others are troubled by a growing industry that sends foreign mothers to the U.S. specifically so that they can create such citizens, so-called “birth tourism.”


    The Law

    The concept that anyone born in the U.S. (one exception: those born not subject to U.S. law, which has been held to apply primarily to Native Americans and to children of certain accredited foreign diplomats exempt [immune] from U.S. laws, though there are loopholes even there) is automatically an American citizen is part of the 14th Amendment to the Constitution, the so-called Citizenship Clause.

    The 14th was adopted in 1868, in the aftermath of the Civil War as part of reconciling the status of millions of slaves forcibly brought to the United States. The Citizenship Clause specifically overruled the 1857 Supreme Court decision in Dred Scott v. Sandford), which had held that Americans descended from African slaves could not be citizens of the United States. The Amendment cleared up any ambiguities, stating “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”

    The most significant test of the 14th Amendment came in 1898, via United States v. Wong Kim Ark. The Supreme Court upheld that a child born in the United States automatically became a U.S. citizen. At issue were laws passed after the Wong child’s birth that excluded Chinese citizens from entering the U.S. The decision in Wong has been understood to mean that the legal status of the mother, as well as any secondary immigration laws below the Constitution, have no bearing on the granting of citizenship.

    It can get complicated, and there have been unsuccessful efforts to overturn or reinterpret Wong in light of contemporary concerns over immigration.

    For those who like their law in Latin, the idea that anyone born in a certain country automatically acquires citizenship there is called jus soli (right of soil.) The opposite, that citizenship is derived only via one’s parents, is called jus sanguinis (right of blood.) No European nation offers unrestricted jus soli, and very few other countries outside the Western Hemisphere do either.



    Foreigners, Visas and Babies

    While some foreigners who give birth in the U.S. enter illegally by walking across a land border, a significant number of moms enter the U.S. on visas or the rough equivalent, the visa waiver program, which provides less fettered access to citizens from certain countries, mostly Europeans. Some give birth in the U.S.; is this legal?

    It is. There is no law whatsoever that prohibits someone from coming to the United States specifically to give birth here and create an “anchor baby.”

    Many uninformed commentators point to two visa laws that they feel may prohibit such an act, the “public charge” provision and the fraud provision.

    Public charge is codified in Section 212(a)(4) of the Immigration and Naturalization Act. It says an individual who is likely at any time to become a public charge is inadmissible to the United States/can’t receive a visa. Some conservatives believe that moms coming to the U.S. to give birth, a country with the highest health care costs on the planet, should not be allowed in. They say many can’t, or won’t, pay, and are likely to have their maternity costs covered by American taxpayers.

    The problems in applying this law to so-called anchor baby moms are two-fold.

    First, the law is forward-looking; there needs to be information suggesting a mother plans to deliver at public cost. Proving the future is tricky business, even in regards to visas. In addition, the law states receiving public benefits does not automatically make an individual a public charge. In fact, many benefits are excluded from consideration, including Medicaid and other health insurance and health services, and specifically prenatal care. In short, a mom cannot be denied a visa or entry into the U.S. based upon public benefits she is legally eligible for. Immigration status — legal or illegal — generally is not considered when benefits are sought.

    The second visa law that comes up in conservative discourse is 212(a)(6)(C), fraud. The idea is that a women seeking a visa or to enter the U.S. may try and hide her pregnancy, or her intent to give birth in the U.S. She might say she intends only a short romp through Disneyland before returning home. So that’s lying, fraud, right?

    Well, it may be a lie, but it is not fraud as visas go. The fraud law requires a lie to be “material,” meaning if the truth were to be told, the visa would be denied. So, if someone says she is going to Disney but actually intends to rob a bank, that is a planned illegal act and the lie would be material. But since it is legal to give birth in the U.S., fibbing about it is not material.



    Birth Tourism

    The current issue of Rolling Stone contains a long article on “birth tourism.” Such “tourism” is a huge business in Asia, particularly in China where rising incomes coincide with existing interest in emigration. Companies arrange for everything; a mom need only provide money. The companies legally assist the mother in obtaining a visa, arrange for her to stay in the U.S. in an apartment complex (dubbed “maternity hotels”), usually in California for convenience for flights from Asia, full of other Chinese moms, and then give birth in a local hospital staffed with Chinese-speaking doctors.

    Such businesses have been around since at least the 1980s, and exist in most Asian countries. They are especially popular in China and Korea.

    Some birth tourism companies also offer VIP packages that include sightseeing and limousine service, and special accommodations for dads who want to fly in for the actual birth. The businesses operate openly, and advertise freely in Chinese-language media both here and abroad. It is big business: In 2012, according to Chinese state media, there were some 10,000 tourist births from China; more recent estimates have put the number as high as 60,000 a year.

    And since it is standard practice for the United States to grant a six month tourist stay for most visitors, the mother need not risk her or her baby’s health by traveling at the last minute. She can arrive around the end of the first trimester and stay on without incident. Once the baby is born, the birth tourism company helps mother obtain baby’s U.S. passport.

    There is absolutely nothing illegal about birth tourism under U.S. law.

    It is the active presence of such birth tourism out of China that lead candidate Bush to clarify that he was not speaking against Latinos, who are a huge voting block in America, but Asian anchor babies. “What I was talking about was the specific case of fraud being committed in organized efforts — and frankly, it’s more related to Asian people — coming into our country, having children in that organized effort, taking advantage of a noble concept, which is birthright citizenship.”



    Bottom Line

    Leaving aside the generally jingoistic and often racist arguments conservatives put forward against anchor babies and birth tourism, there is nothing illegal going on.

    Any desire to make such things illegal will require significant changes to the law, perhaps extending right up to re-amending the Constitution to reverse concepts that have been a part of America since the late 1800s. Despite all the rhetoric, in the end there is nothing really to see here.




    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • UK Police Scanned the Faces of 100,000 People at Music Festival

    August 25, 2015 // 5 Comments

    Tags: ,
    Posted in: Democracy, Police State, Post-Constitution America

    big-brother-cameron



    Hey, Big Brother? It’s me. Can we talk about facial recognition please?



    The Download Festival

    See, the police used facial recognition technology to scan the faces of thousands of attendees at the Download music festival in the UK without their knowledge.

    The excuse the Leicestershire Police used was that they were trying to catch “organized criminals” who specifically target music festivals to “steal mobile phones,” according to a report in Police Oracle. The collected footage is compared against a database of custody images to identify the criminals, in this case, an alleged music festival phone-robbing crime ring that nobody seemed to have heard about prior to it becoming the justification for searching an entire crowd who did nothing but show up to hear some tunes.

    The festival saw 91 arrests out of 100,000 people. Most were for alcohol-related mishaps, none for phone theft.



    Facial Recognition Technology

    Facial recognition technology is big business. The tech is evolving rapidly. Basically a computer digitizes an image of someone’s face in a way that makes fooling the system difficult, stuff like measuring the distance between eyes, the angle of one’s nose, ear lobe shape, the sort of stuff that can’t be thrown off by face paint, a hat, sunglasses or the like. And the software can be configured to zero in on someone who is wearing face paint, a hat and sunglasses, so nice try, you in the back row. You’re now a person of interest.





    Facial recognition is increasingly being used by law enforcement. In the U.S., it’s used by the FBI and local police departments. The largest scale use of the tech in America is at major sporting events like the Super Bowl, supposedly because terrorists are flocking there, even though they never have.

    Reports suggest airports scan passengers, hotels scan lobbies, stores scan aisles, casinos scan their gambling floors and many police street cameras are tied into the systems. Another publicly-known example occurred after the Boston Marathon bombing of April 2013. The subsequent Boston Calling music fest was subject to heavy use facial recognition surveillance, one guesses in case there were more Tsarnaev brothers out there.

    Nobody wants the World Series blown up by terrorists. And guess what — neither before nor after 9/11 has any terror group carried out a mass casualty attack (if you want to count the goofball Tsarnaev brothers in Boston as a terror group, and the [unfortunate] deaths of the three spectators there was “mass,” be my guest.) And of course neither facial recognition tech nor anything else seems to deter our regularly-scheduled mass shootings (been to the movies lately?)



    Why It Matters

    The concern over widespread and indiscriminate use of mass surveillance technology, such as facial recognition, is that it is widespread and indiscriminate, a form of search (your location) and seizure (your image and location data) that, in the U.S. at least, thumbs its nose at the Constitution’s Fourth Amendment protections against unwarranted actions. So it is simply wrong on its, well, face.

    Someone inevitably will respond to all this with a hearty “Well, I’ve got nothing to hide.”

    Good for you. You are quite a person if you indeed have nothing at all to hide. And maybe you really don’t, at least under today’s laws.

    But information collected never goes away. Your “nothing to hide” argument has built into it your full and true faith that every government, every company, every hacker that can, will or might gain access to that data will never do anything with it against your self-interest. You are asserting that no new technologies will emerge to manipulate that data in a way you blearily can’t conceive of now.

    That, my friend, is a lot of faith in Big Brother.




    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • Wanted: A Candidate for President We Can Vote For, Not Against

    August 24, 2015 // 10 Comments

    Tags: ,
    Posted in: 2016

    Election 2016


    There is still time. Would a leader please stand up, someone people of good conscience can vote for? I am tired of voting defensively — better vote for Candidate A, or you’ll be stuck with B.


    I get Bernie Sanders, and personally support most/all of his positions. But electoral history is pretty clear what happens to outlier and third party candidates. And at this point supporting someone with good ideas, but who lacks his party’s support, lacks the funds sadly needed to run a national campaign and is unlikely to capture undecided and Middle America votes, well, that’s certainly a feel-good-about-myself symbolic gesture, but I don’t really feel good about things right now.


    Oh, Hillary. Can anyone be more of a worse enemy to you than you? Did you think no one would ever find out about your email mess, or did you think no one would care? Are you that cynical about America? About hiring Huma to work at State when she was already working for at least one private company and your Foundation? About all the money, known and still unknown, pouring through the Clinton foundation? The foreign influence buying via those juicy speech payments for you and Bill? That you could just let actual questions about Benghazi, Libya and your leadership (oh, they are not all partisan, spare me, read this list) hang indefinitely?

    Really America, do we want four, or eight, years of this? Because we will get it. Because the Clinton’s won’t stop doing actual bad things, and their opponents won’t stop looking for them, real or made up. Partisan attacks are nothing new in politics, dating back to the Greeks, but can anyone find examples as egregious as the Clinton history? She didn’t need a private server. She didn’t need the Foundation as it is run. She wanted them, and the fall out is nearly entirely self-inflicted. No one could criticize you for them, Hillary, if you hadn’t done them.


    Which leaves us to the several hundred Republican candidates. The current front runner is Donald Trump. Trump? The self-caricature guy from the reality TV shows? The guy who talks about women like it’s 1957? The guy who tosses out “ideas” like a Maginot Line along the Mexican border, or self-declaring parts of the Bill of Rights (i.e., 14th Amendment) unconstitutional? This is the person we want heading off to foreign countries representing us?

    The rest? A handful of odd ball fundamentalists who prey on people’s fears of race? Who think the most critical issues facing our nation have something to do with stopping same-sex marriage, stopping abortion and guns? Who as a group think health care is a luxury item?


    So, someone, please, save us from ourselves. None of the current candidates have deep support. The Democratic party in particular aches for someone who can represent a positive vision, instead of simply threatening “vote for me or it’s Trump and the nutters.”

    Anyone?

    Or this?






    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • Letter to a Young Army Ranger (From an Old One)

    August 22, 2015 // 5 Comments

    Tags: ,
    Posted in: Afghanistan, Iraq, Military

    fanning


    A guest blog, by Rory Fanning. Fanning walked across the United States for the Pat Tillman Foundation in 2008-2009, following two deployments to Afghanistan with the 2nd Army Ranger Battalion. Fanning became a conscientious objector after his second tour. He is the author of Worth Fighting For: An Army Ranger’s Journey Out of the Military and Across America.

    Dear Aspiring Ranger,

    You’ve probably just graduated from high school and you’ve undoubtedly already signed an Option 40 contract guaranteeing you a shot at the Ranger indoctrination program (R.I.P.). If you make it through R.I.P. you’ll surely be sent off to fight in the Global War on Terror. You’ll be part of what I often heard called “the tip of the spear.”

    The war you’re heading into has been going on for a remarkably long time. Imagine this: you were five years old when I was first deployed to Afghanistan in 2002. Now I’m graying a bit, losing a little up top, and I have a family. Believe me, it goes faster than you expect.

    Once you get to a certain age, you can’t help thinking about the decisions you made (or that, in a sense, were made for you) when you were younger. I do that and someday you will, too. Reflecting on my own years in the 75th Ranger regiment, at a moment when the war you’ll find yourself immersed in was just beginning, I’ve tried to jot down a few of the things they don’t tell you at the recruiting office or in the pro-military Hollywood movies that may have influenced your decision to join. Maybe my experience will give you a perspective you haven’t considered.

    I imagine you’re entering the military for the same reason just about everyone volunteers: it felt like your only option. Maybe it was money, or a judge, or a need for a rite of passage, or the end of athletic stardom. Maybe you still believe that the U.S. is fighting for freedom and democracy around the world and in existential danger from “the terrorists.” Maybe it seems like the only reasonable thing to do: defend our country against terrorism.

    The media has been a powerful propaganda tool when it comes to promoting that image, despite the fact that, as a civilian, you were more likely to be killed by a toddler than a terrorist. I trust you don’t want regrets when you’re older and that you commendably want to do something meaningful with your life. I’m sure you hope to be the best at something. That’s why you signed up to be a Ranger.

    Make no mistake: whatever the news may say about the changing cast of characters the U.S. is fighting and the changing motivations behind the changing names of our military “operations” around the world, you and I will have fought in the same war. It’s hard to believe that you will be taking us into the 14th year of the Global War on Terror (whatever they may be calling it now). I wonder which one of the 668 U.S. military bases worldwide you’ll be sent to.

    In its basics, our global war is less complicated to understand than you might think, despite the difficult-to-keep-track-of enemies you will be sent after — whether al-Qaeda (“central,” al-Qaeda in the Arabian Peninsula, in the Magreb, etc.), or the Taliban, or al-Shabab in Somalia, or ISIS (aka ISIL, or the Islamic State), or Iran, or the al-Nusra Front, or Bashar al-Assad’s regime in Syria. Admittedly, it’s a little hard to keep a reasonable scorecard. Are the Shia or the Sunnis our allies? Is it Islam we’re at war with? Are we against ISIS or the Assad regime or both of them?

    Just who these groups are matters, but there’s an underlying point that it’s been too easy to overlook in recent years: ever since this country’s first Afghan War in the 1980s (that spurred the formation of the original al-Qaeda), our foreign and military policies have played a crucial role in creating those you will be sent to fight. Once you are in one of the three battalions of the 75th Ranger Regiment, the chain-of-command will do its best to reduce global politics and the long-term good of the planet to the smallest of matters and replace them with the largest of tasks: boot polishing, perfectly made beds, tight shot groupings at the firing range, and your bonds with the Rangers to your right and left.

    In such circumstances, it’s difficult — I know that well — but not impossible to keep in mind that your actions in the military involve far more than whatever’s in front of you or in your gun sights at any given moment. Our military operations around the world — and soon that will mean you — have produced all kinds of blowback. Thought about a certain way, I was being sent out in 2002 to respond to the blowback created by the first Afghan War and you’re about to be sent out to deal with the blowback created by my version of the second one.

    I’m writing this letter in the hope that offering you a little of my own story might help frame the bigger picture for you.

    Let me start with my first day “on the job.” I remember dropping my canvas duffle bag at the foot of my bunk in Charlie Company, and almost immediately being called into my platoon sergeant’s office. I sprinted down a well-buffed hallway, shadowed by the platoon’s “mascot”: a Grim-Reaper-style figure with the battalion’s red and black scroll beneath it. It hovered like something you’d see in a haunted house on the cinder block wall adjoining the sergeant’s office. It seemed to be watching me as I snapped to attention in his doorway, beads of sweat on my forehead. “At ease… Why are you here, Fanning? Why do you think you should be a Ranger?” All this he said with an air of suspicion.

    Shaken, after being screamed out of a bus with all my gear, across an expansive lawn in front of the company’s barracks, and up three flights of stairs to my new home, I responded hesitantly, “Umm, I want to help prevent another 9/11, First Sergeant.” It must have sounded almost like a question.

    “There is only one answer to what I just asked you, son. That is: you want to feel the warm red blood of your enemy run down your knife blade.”

    Taking in his military awards, the multiple tall stacks of manila folders on his desk, and the photos of what turned out to be his platoon in Afghanistan, I said in a loud voice that rang remarkably hollowly, at least to me, “Roger, First Sergeant!”

    He dropped his head and started filling out a form. “We’re done here,” he said without even bothering to look up again.

    The platoon sergeant’s answer had a distinct hint of lust in it but, surrounded by all those folders, he also looked to me like a bureaucrat. Surely such a question deserved something more than the few impersonal and sociopathic seconds I spent in that doorway.

    Nonetheless, I spun around and ran back to my bunk to unpack, not just my gear but also his disturbing answer to his own question and my sheepish, “Roger, First Sergeant!” reply. Until that moment, I hadn’t thought of killing in such an intimate way. I had indeed signed on with the idea of preventing another 9/11. Killing was still an abstract idea to me, something I didn’t look forward to. He undoubtedly knew this. So what was he doing?

    As you head into your new life, let me try to unpack his answer and my experience as a Ranger for you.

    Let’s start that unpacking process with racism: That was the first and one of the last times I heard the word “enemy” in battalion. The usual word in my unit was “Hajji.” Now, Hajji is a word of honor among Muslims, referring to someone who has successfully completed a pilgrimage to the Holy Site of Mecca in Saudi Arabia. In the U.S. military, however, it was a slur that implied something so much bigger.

    The soldiers in my unit just assumed that the mission of the small band of people who took down the Twin Towers and put a hole in the Pentagon could be applied to any religious person among the more than 1.6 billion Muslims on this planet. The platoon sergeant would soon help usher me into group-blame mode with that “enemy.” I was to be taught instrumental aggression. The pain caused by 9/11 was to be tied to the everyday group dynamics of our unit. This is how they would get me to fight effectively. I was about to be cut off from my previous life and psychological manipulation of a radical sort would be involved. This is something you should prepare yourself for.

    When you start hearing the same type of language from your chain-of-command in its attempt to dehumanize the people you are off to fight, remember that 93 percent of all Muslims condemned the attacks on 9/11. And those who sympathized claimed they feared a U.S. occupation and cited political not religious reasons for their support.

    But, to be blunt, as George W. Bush said early on (and then never repeated), the war on terror was indeed imagined in the highest of places as a “crusade.” When I was in the Rangers, that was a given. The formula was simple enough: al-Qaeda and the Taliban represented all of Islam, which was our enemy. Now, in that group-blame game, ISIS, with its mini-terror state in Iraq and Syria, has taken over the role. Be clear again that nearly all Muslims reject its tactics. Even Sunnis in the region where ISIS is operating are increasingly rejecting the group. And it is those Sunnis who may indeed take down ISIS when the time is right.

    If you want to be true to yourself, don’t be swept up in the racism of the moment. Your job should be to end war, not perpetuate it. Never forget that.

    The second stop in that unpacking process should be poverty: After a few months, I was finally shipped off to Afghanistan. We landed in the middle of the night. As the doors on our C-5 opened, the smell of dust, clay, and old fruit rolled into the belly of that transport plane. I was expecting the bullets to start whizzing by me as I left it, but we were at Bagram Air Base, a largely secure place in 2002.

    Jump ahead two weeks and a three-hour helicopter ride and we were at our forward operating base. The morning after we arrived I noticed an Afghan woman pounding at the hard yellow dirt with a shovel, trying to dig up a gaunt little shrub just outside the stone walls of the base. Through the eye-slit of her burqa I could just catch a hint of her aged face. My unit took off from that base, marching along a road, hoping (I suspect) to stir up a little trouble. We were presenting ourselves as bait, but there were no bites.

    When we returned a few hours later, that woman was still digging and gathering firewood, undoubtedly to cook her family’s dinner that night. We had our grenade launchers, our M242 machine guns that fired 200 rounds a minute, our night-vision goggles, and plenty of food — all vacuum-sealed and all of it tasting the same. We were so much better equipped to deal with the mountains of Afghanistan than that woman — or so it seemed to us then. But it was, of course, her country, not ours, and its poverty, like that of so many places you may find yourself in, will, I assure you, be unlike anything you have ever seen. You will be part of the most technologically advanced military on Earth and you will be greeted by the poorest of the poor. Your weaponry in such an impoverished society will feel obscene on many levels. Personally, I felt like a bully much of my time in Afghanistan.

    Now, it’s the moment to unpack “the enemy”: Most of my time in Afghanistan was quiet and calm. Yes, rockets occasionally landed in our bases, but most of the Taliban had surrendered by the time I entered the country. I didn’t know it then, but as Anand Gopal has reported in his groundbreaking book, No Good Men Among the Living, our war on terror warriors weren’t satisfied with reports of the unconditional surrender of the Taliban. So units like mine were sent out looking for “the enemy.” Our job was to draw the Taliban — or anyone really — back into the fight.

    Believe me, it was ugly. We were often enough targeting innocent people based on bad intelligence and in some cases even seizing Afghans who had actually pledged allegiance to the U.S. mission. For many former Taliban members, it became an obvious choice: fight or starve, take up arms again or be randomly seized and possibly killed anyway. Eventually the Taliban did regroup and today they are resurgent. I know now that if our country’s leadership had truly had peace on its mind, it could have all been over in Afghanistan in early 2002.

    If you are shipped off to Iraq for our latest war there, remember that the Sunni population you will be targeting is reacting to a U.S.-backed Shia regime in Baghdad that’s done them dirty for years. ISIS exists to a significant degree because the largely secular members of Saddam Hussein’s Ba’ath party were labeled the enemy as they tried to surrender after the U.S. invasion of 2003. Many of them had the urge to be reincorporated into a functioning society, but no such luck; and then, of course, the key official the Bush administration sent to Baghdad simply disbanded Saddam Hussein’s army and tossed its 400,000 troops out onto the streets at a time of mass unemployment.

    It was a remarkable formula for creating resistance in another country where surrender wasn’t good enough. The Americans of that moment wanted to control Iraq (and its oil reserves). To this end, in 2006, they backed the Shia autocrat Nouri al-Maliki for prime minister in a situation where Shia militias were increasingly intent on ethnically cleansing the Sunni population of the Iraqi capital.

    Given the reign of terror that followed, it’s hardly surprising to find former Baathist army officers in key positions in ISIS and the Sunnis choosing that grim outfit as the lesser of the two evils in its world. Again, the enemy you are being shipped off to fight is, at least in part, a product of your chain-of-command’s meddling in a sovereign country. And remember that, whatever its grim acts, this enemy presents no existential threat to American security, at least so says Vice President Joe Biden. Let that sink in for a while and then ask yourself whether you really can take your marching orders seriously.

    Next, in that unpacking process, consider noncombatants: When unidentified Afghans would shoot at our tents with old Russian rocket launchers, we would guesstimate where the rockets had come from and then call in air strikes. You’re talking 500-pound bombs. And so civilians would die. Believe me, that’s really what’s at the heart of our ongoing war. Any American like you heading into a war zone in any of these years was likely to witness what we call “collateral damage.” That’s dead civilians.

    The number of non-combatants killed since 9/11 across the Greater Middle East in our ongoing war has been breathtaking and horrifying. Be prepared, when you fight, to take out more civilians than actual gun-toting or bomb-wielding “militants.” At the least, an estimated 174,000 civilians died violent deaths as a result of U.S. wars in Iraq, Afghanistan, and Pakistan between 2001 and April 2014. In Iraq, over 70 percent of those who died are estimated to have been civilians. So get ready to contend with needless deaths and think about all those who have lost friends and family members in these wars, and themselves are now scarred for life. A lot of people who once would never have thought about fighting any type of war or attacking Americans now entertain the idea. In other words, you will be perpetuating war, handing it off to the future.

    Finally, there’s freedom and democracy to unpack, if we’re really going to empty that duffel bag: Here’s an interesting fact that you might consider, if spreading freedom and democracy around the world was on your mind. Though records are incomplete on the subject, the police have killed something like 5,000 people in this country since 9/11 — more, in other words, than the number of American soldiers killed by “insurgents” in the same period. In those same years, outfits like the Rangers and the rest of the U.S. military have killed countless numbers of people worldwide, targeting the poorest people on the planet. And are there fewer terrorists around? Does all this really make a lot of sense to you?

    When I signed up for the military, I was hoping to make a better world. Instead I helped make it more dangerous. I had recently graduated from college. I was also hoping that, in volunteering, I would get some of my student loans paid for. Like you, I was looking for practical help, but also for meaning. I wanted to do right by my family and my country. Looking back, it’s clear enough to me that my lack of knowledge about the actual mission we were undertaking betrayed me — and you and us.

    I’m writing to you especially because I just want you to know that it’s not too late to change your mind. I did. I became a war resister after my second deployment in Afghanistan for all the reasons I mention above. I finally unpacked, so to speak. Leaving the military was one of the most difficult but rewarding experiences of my life. My own goal is to take what I learned in the military and bring it to high school and college students as a kind of counter-recruiter. There’s so much work to be done, given the 10,000 military recruiters in the U.S. working with an almost $700 million advertising budget. After all, kids do need to hear both sides.

    I hope this letter is a jumping off point for you. And if, by any chance, you haven’t signed that Option 40 contract yet, you don’t have to. You can be an effective counter-recruiter without being an ex-military guy. Young people across this country desperately need your energy, your desire to be the best, your pursuit of meaning. Don’t waste it in Iraq or Afghanistan or Yemen or Somalia or anywhere else the Global War on Terror is likely to send you.

    As we used to say in the Rangers…

    Lead the Way,

    Rory Fanning




    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • Florida Man Arrested in FBI/ISIS-Inspired Plot to Bomb a Beach

    August 21, 2015 // 18 Comments

    Tags: , ,
    Posted in: Police State

    WPTV-Harlem-Suarez_1438112209144_22068991_ver1.0_640_480


    So you be the judge: which organization, the FBI or ISIS, had more to do with this supposed “threat” to Das Homeland?


    The FBI has arrested a man who allegedly wanted to detonate a bomb in what authorities describe as an ISIS-inspired terror attack, officials said.

    Harlem Suarez, 23, of Key West, Florida, (pictured, and do note the Batman T-shirt) has been charged with attempting to use a weapon of mass destruction in the United States.

    So Terrorist Suarez first came onto the FBI’s radar in April, after he posted whatever “extremist rhetoric” and pro-ISIS messages are on Facebook, according to the Justice Department. Facebook, yep, everything people post on Facebook is serious sh*t, man, no boasting or false bravado online, ever. Everybody always means exactly what they say.

    Anyway, after creeping Suarez on Facebook, the FBI then sent in an FBI-employed “confidential source” who for months allegedly talked with Suarez online and in person about plans to attack the United States. Not that any of that would have encouraged or emboldened someone whose previous plans would have otherwise never left his bedroom.

    In May, according to the FBI, Suarez recorded his own video, declaring: “We will destroy America and divide it into two. We will raise our black flag on top of your White House and any president on duty.”

    Nice touch– “any president on duty.” Man, Suarez was obviously well-informed.

    The FBI said that in subsequent meetings with the FBI informant, Suarez discussed plans for an attack around the July 4 holiday and said he would “cook American in cages” — an apparent reference to the ISIS video of a captured Jordanian pilot being burned alive while in a cage.

    Last week, Suarez allegedly gave the informant two boxes of nails, a cell phone, a backpack and $100 to build a bomb. In the most recent discussions, Suarez talked about bombing a public beach in Key West and placing explosive devices under police cars, according to charging documents filed by the FBI.

    Note that without some actual explosive material and the knowledge to build a bomb without first blowing yourself up (yeah, yeah, it’s all online, but so is a lot of stuff. Reading stuff online and actually safely handling explosives and ensuring they work remotely is a whole ‘nother story.) In case you wish to experiment, here are instructions for making a nuclear weapon.

    And seriously, a backpack bomb, is that really a weapon of mass destruction?

    Also note that at no point was anyone in America in danger in any way whatsoever.

    “There is no room for failure when it comes to investigating the potential use of a weapon of mass destruction,” said Special Agent in Charge George Piro, head of the FBI’s Miami Field Office.



    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • FBI Stops Terrorist Death Ray Plot; Roadrunner Still at Large

    August 20, 2015 // 6 Comments

    Tags: ,
    Posted in: Police State

    acme

    Another close call as the FBI announced it stopped another terrorist plot it helped facilitate. The best part of this one is that the plot involved some yahoo trying to develop a “death ray machine” that he was going to unleash on Obama and the Muslims.


    A self-proclaimed Ku Klux Klan member conspired to use a remote-controlled X-ray device hidden in a truck, which he called “Hiroshima on a light switch,” as a weapon of mass destruction to harm Muslims and Barack Obama, a prosecutor told jurors.

    But a lawyer for Glendon Scott Crawford, 51, said that government undercover agents dragged him further into the plot to build what media dubbed the “death ray” machine after he tried to pull away in the initial stages, when he had no more than “a piece of paper” sketching out his ideas.

    Government agents apparently gave Crawford an old X-ray machine and an arc welder that he was otherwise unable to procure himself. In opening arguments at U.S. District Court in Albany, a lawyer for Crawford said the device would have never been built if not for the government supplying the necessary components.

    The FBI learned of this evil plot after Crawford approached Jewish community leaders in Albany, New York, seeking funding. Those leaders immediately called the FBI.


    Here’s the caper: Crawford and another man were arrested in 2013 and charged in the plot to unleash radiation at a mosque and a Muslim school. The men also planned to attack the White House.

    The weapon: a remote-controlled device Crawford said was going to be like “Hiroshima on a light switch.”

    Crawford faces three charges, including attempting to produce, construct, acquire, transfer, receive, possess and use a radiological dispersal device. The other two charges are conspiring to use a weapon of mass destruction and distributing information with respect to a weapon of mass destruction.


    Left unanswered so far is the vast gap between what a hateful nut like Crawford imagined and reality on Earth.

    “Death Rays” are notoriously hard to construct, the evidence of which is that none have ever been constructed. One faces issues such as acquiring massive X-ray machines that are portable, powering those massive x-ray machines in a portable way, and directing said x-rays through stuff to reach people somewhere in the distance. Perhaps such devices are sold by the Wil E. Coyote division of the Acme X-Ray Corporation?

    Given that Crawford has no training in high-energy physics and has been unable to contact Dr. Evil at his lair for help, this is all another silly attempt by the FBI to entrap some nasty loser who may indeed belong in jail, but to dress it all up as “terrorism” and “weapons of mass destruction” ahead of their next promotion cycle.




    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • Reply to ‘Hillary Committed No Criminal Act’

    August 19, 2015 // 7 Comments

    Tags: ,
    Posted in: 2016, Post-Constitution America

    clinton9


    Sorry this post is so short, but it does not seem to need to be longer.

    Many supporters of Hillary Clinton say that since she committed no criminal offense, the whole thing about her private email server containing classified material is just partisan sniping.

    So as a public service, let’s see if we can sort that out.


    The Law

    18 USC 1924, which is a law, is titled “Unauthorized removal and retention of classified documents or material.”

    The text of the law says, inter alia, “Whoever, being an officer… of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than one year, or both.”

    The law does not require the possessing person to “know” the information is classified.

    This is the statute under which David Petraeus was prosecuted for keeping classified information at home.


    The Classified

    Two Inspectors General stated Clinton’s email server, located part of the time at her home in New York, and part of the time at a commercial server farm in Colorado, held classified data. Neither site was an authorized location. We’ve long-since established that classified is classified whether it is marked or not. It does not matter who sent the emails; they were on Hillary’s server and thumb drives, making her the “possessor.”

    Up to 305 Clinton emails might have classified data, and that out of only five percent of 30,000 messages reviewed. There may be backups available of the 30,000 some messages Clinton deleted.


    The Conclusion

    Clinton’s possession of classified information on a personal server appears to be a violation of 18 USC 1924. So is transferring that information to the thumb drives held by her lawyer (himself unauthorized to possess high-level classified information.)

    There it is. No partisan remarks. No right-wing attacks. Just facts. As a non-lawyer, what am I missing?



    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • Chelsea Manning Faces Indefinite Solitary Confinement for Possession of Expired Toothpaste

    August 18, 2015 // 7 Comments

    Tags: , ,
    Posted in: Democracy, Post-Constitution America

    manning_cell

    Chelsea Manning, who is currently serving a 35-year prison sentence for leaking government documents to WikiLeaks as an act of conscience (why she said she did it) concurrent with Hillary Clinton exposing much higher-level classified documents to the Chinese for her own convenience (why she said she did it), has been threatened with possible “indefinite solitary confinement” for a series of trivial infractions, including owning expired toothpaste and sweeping food onto the floor.

    Her (Manning, not Clinton) hearing is today, August 18.

    ACLU attorney Chase Strangio says Manning is additionally accused of “disrespect” for requesting her lawyer while speaking to a guard and “prohibited property” for owning books and magazines that include the Caitlyn Jenner cover issue of Vanity Fair.

    Manning’s supporters provided a detailed list of her alleged violations:

    Manning’s “prohibited property” included:

    Vanity Fair issue with Caitlyn Jenner on the cover, Advocate, OUT Magazine, a Cosmopolitan issue with an interview of Chelsea, Transgender Studies Quarterly, novel about trans issues, the book Hacker, Hoaxer, Whistleblower, Spy — The Many Faces of Anonymous, the subversive book I Am Malala,” and legal documents being used for her pending appeals including the Senate Torture Report.

    Perhaps there is some validity to the Senate Torture Report being prohibited property, as it clearly is pornography.

    If you wish to support free speech, you can sign a petition supporting Chelsea online. I did.

    If you wish to simply rant about how she deserves it, and/or shout homophobic slurs, well, I guess we have the comments section below where you can relieve yourself.



    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • Jimmy Carter and Bill Clinton: A Tale of Two Retired Presidents

    August 17, 2015 // 13 Comments

    Tags: ,
    Posted in: 2016, Democracy

    jimmy_carter_portrait


    With the sad news that Jimmy Carter has cancer, it is time to take a look at what Carter, and another former president, chose to do with their lives after leaving the White House.


    Seen the latest front-page Carter Center scandal? Hear about the six figure fees former president Jimmy Carter pulls in from shady foreign companies? Maybe not.

    Take a moment to Google Jimmy Carter. Now do the same for Bill Clinton. The search results tell the tale of two former presidents, one determined to use his status honorably, the other seeking new lows of exploitation for personal benefit.

    Carter’s presidency carries an uneven legacy. Yet his prescient but unwelcome 1979 warning that the country suffered a crisis of confidence, preventing Americans from uniting to solve tough problems, anticipated the faux bravado and true spiritual emptiness of Reagan’s “Morning in America.”

    Many feel Carter has been a better ex-president than he was a president. His Carter Center focuses on impactful but unglamorous issues such as Guinea worm disease. When Carter left office, the disease afflicted 3.5 million people. Now it’s expected to be only the second disease, after smallpox, to ever be eradicated worldwide.

    Carter, 90, still donates a week of his time each year to Habitat for Humanity. Not a photo-op, Carter goes out without the media in tow and hammers nails. Carter also tirelessly monitors elections in nascent democracies, lending his stature as a statesman to that work over 100 times already. Summing up his own term in office, Carter said “We never dropped a bomb. We never fired a bullet. We never went to war.”

    He is the last president since 1977 who can make that claim.

    Bill Clinton pushed the NAFTA agreement through, seen now by many as a mistake that cost American jobs. He pointlessly bombed Iraq and sent troops into Somalia (see Blackhawk Down.) Clinton is remembered most of all, however, for his oral affair with an intern, then fibbing about it, and ending up one of only two American presidents ever impeached as a result.

    As a former president, Clinton is nothing if not true to his unstatesman-like form. Bill makes six-figure speeches to businesses seeking influence within the U.S. government, earning as much as $50 million during his wife’s term as secretary of state alone. TD Bank, the single-largest shareholder in the Keystone XL Pipeline, was also the single-largest source of speaking fees for Bill Clinton. He used a shell company to hide some of the income.

    His own charity, humbly known as the Bill, Hillary and Chelsea Global Foundation, is a two billion dollar financial tangle on par with a South American cartel. It spent in 2013 the same amount of money on travel expenses for Bill and his family as it did on charitable grants. Instead of volunteering for Habitat for Humanity, Bill takes his big donors on executive safaris to Africa. Many of those same donors also give generously to the Hillary Clinton campaign and its constellation of PACs.

    Voters should judge a candidate not just on examples of past competency, but with an eye toward the core things that really matter: character, values, honesty, humility and selflessness. Perhaps this tale of two presidents has a lesson in it for 2016.




    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • Clinton’s Evolving Email Defense Does Not Hold Water

    August 14, 2015 // 14 Comments

    Tags: ,
    Posted in: 2016, Democracy

    StraightOuttaSomewhere



    Have you noticed that Clinton’s explanations/excuses/defenses about her private email server and the classified information it held never seem to last very long, and are typically replaced in a week or two with something new?


    Back in March the message was unambiguous: there was no classified material on her server. Then, after two Inspectors General said there indeed was classified material, the line was it was classified retroactively (as if that matters; see below). That soon fell to a line that the classified information was unmarked as such (as if that matters; see below). The newest is that well, Clinton herself did not send any of the classified emails. So, once again wrapped in new shiny paper, there’s nothing to see here, folks, let’s move along to the issues that really matter. I’ll tackle that as well, below.

    No one has better summed up the official Clinton Child’s Treasury of Excuses better than Senator Dianne Feinstein, who somewhat randomly released a statement “in response to allegations” regarding Clinton’s emails.

    Let’s break Feinstein’s statement down.

    The Dog Ate My Homework

    Feinstein: First, none of the emails alleged to contain classified information were written by Secretary Clinton.

    Here’s your talking point, somnolent media. It’s someone else’s fault.

    Of course, the Inspectors General were only allowed by the State Department to review 40 emails, four of which contained classified. So there are still some 30,000 left to look into to see if Clinton herself did respond to, forward or write any of them.

    Next is that the classified emails, no matter who wrote them, ended up in an insecure system because Clinton chose to do things that way in contravention of all good practice and rationality, if not actual law and regulation.

    She was the prime mover behind the lapses in security. And after all, the cops bust the owner of the crackhouse, not just the ‘heads inside. The “buck stops where” is the question. Clinton continues to claim total ignorance of the contents of her own email to this day. Is all that presidential?

    Lastly, no matter who wrote the emails, once Clinton saw them they became her responsibility to act on and secure. In real life, failure to report and secure classified found in an unsecure situation is also a violation of national security law. With that access comes responsibility. Remember, if you see something, say something!



    I Didn’t Know, Honest, Sir

    Feinstein: Second, none of the emails alleged to contain classified information include any markings that indicate classified content.

    There is no allegation. The Inspectors General of the State Department and the Intelligence community said the emails contain classified material.

    What everyone who has ever held a security clearance knows, and what the media, from left to right, cannot grasp is this: the information itself is or is not classified. The markings are there to show you what level of secure handling is required.

    I’ll try again for the slow learners at CNN.

    You are handed a piece of paper marked TOP SECRET//SI//TK/NOFORN (explained here). On the paper are written the negotiating positions of the Chinese Foreign Minister, whom you will meet tomorrow. The paper says these were obtained via a spy satellite listening in on the Minister in his inner office via electronic emissions.

    Now, cut off the part of the paper that says TOP SECRET//SI//TK/NOFORN. Does the sensitivity of the information change at that moment? Of course not.

    If you have lived in a remote cabin all your life, you may not grasp the sensitivity of knowing your opponent’s positions a day ahead of time and the sensitivity that this information was derived by some of America’s most secret sources and methods. But if you have spent your entire life in government, you damn well know that that information is not unclassified, whether it shows up in your email unmarked or otherwise.

    It really, really is that simple. Marked or unmarked, pro-active or retro-active, Clinton knew she was dealing with highly classified information on an unclassified system she herself set up and continued to use.



    Everything Else

    Retroactive classification means that something was classified when it was issued. The markings were applied later, but that does not relieve the holder of the information of the legal burden of protecting the information. Government employees have lost their jobs over this concept, and gone to jail. This has been confirmed as legal as high as the Supreme Court. See Department of Homeland Security v. Robert MacLean for the most recent case. Legally, citing retroactive classification is not a defense.

    “Everybody does it.” No they don’t. No other government employee, never mind Cabinet-level official, has created her own private email server in the history of the United States. If Jeb Bush had a private server as governor of Florida, that is not a charm point for him, but he also did not handle America’s most sensitive information, or any classified information at all. John Kerry and Condi Rice said they do not send official emails outside of the State Department system. Madeleine Albright said she may have sent a few back in the dawn of the Internet 14 years ago via AOL or Yahoo, and no one has suggested she sent anything classified. Colin Powell as Secretary of State said he sent a handful of emails on his AOL account, and no one has claimed there was any classified involved.

    Besides, “everybody does it” is an excuse that teenagers use when they’re caught smoking behind the school.

    Now, as for that “let’s get back to the issues” meme that many Clinton supporters like to go to.

    No one can anticipate what will happen during the four (or eight…) years of a presidency. So while experience matters significantly, judgement and trust matter perhaps even more. Those are the things that will see success or failure when the unexpected arises one night at 3 am.

    Lastly, I think also the point needs to be made that if the only standard we apply to candidates’ wrongdoings is if it is not criminal and illegal, it does not matter, sets a pretty low bar. I’d like to vote for a president who, in addition to not being a convicted criminal, is also somewhat honest, with good judgement and who at least feigns putting the nation’s interests before his/her own.


    If one cannot see that, at a minimum, Clinton exercised horribly bad judgement and cannot be trusted to protect America’s secrets, and if one cannot see that those are indeed issues for an election, then, well, I just don’t know what else to say here.



    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • Classified at State: Double-Standards, or No Standards at All?

    August 13, 2015 // 25 Comments

    Tags: , ,
    Posted in: Democracy, Embassy/State, Post-Constitution America

    Manning at State Department


    My thanks to The Examiner, OPSEC Team, The Hill and Daily Kos for their articles noting the discrepancy between how the State Department treated my non-disclosure of classified materials on an unclassified system, and Hillary Clinton’s actual disclosure of classified materials on an unclassified system. There seem to be double-standards being applied.



    Wait, what?

    My first book, We Meant Well embarrassed the State Department by pointing out the failure of State’s efforts in Iraq. In retaliation for this, the State Department used its security bureaucracy infrastructure to push me into retirement after they failed to prosecute me, and then failed to fire me.



    Here’s what they did

    In October 2011 I wrote this blog post, which linked to an alleged State Department confidential cable on the Wikileaks site. The document in question was and still is online for all the world to see. State has never acknowledged publicly its authenticity or its classification.

    I merely linked to it.

    Based on that link, the State Department’s Bureau of Diplomatic Security conducted a full investigation into my ability to continue to hold the Top Secret security clearance I had held without incident for 23 years. They concluded I was no longer to be trusted.



    In fact, they said:



    sabatoge

    The SUBJECT is me. SBU stands for Sensitive But Unclassified, a made-up level of classification the State Department routinely assigns to all of its unclassified information to allow it to withhold documents from journalists and others as required. DS/ICI/PR is the State Department Office of Diplomatic Security, Professional Responsibility Division.

    The investigation into my supposed misdeeds around classified materials included Diplomatic Security running the “hacker” program WGET against this blog, and amassing “Screen shots collected by the DS Computer Threat Analysis Division (DS/CTAD) from the article ‘Let’s Watch Qaddafi Get Beaten and (Maybe) Sodomized’ published on WeMeantWell.com on 10/26/2011.” Agents also printed out nearly my entire blog to preserve a paper copy, apparently in case I deleted the files from my server. Hmm.

    I was interviewed three times in depth by a team of security agents, who characterized my linking as “transferring [classified] information from Wikileaks.org” to my own, unclassified, blog. I learned later that Diplomatic Security had been monitoring my State Department computer to ensure I did not misuse it. Security also searched my official email back several years and interviewed my neighbors looking for, well, something to use against me.

    It was a lot of effort by a busy organization over what, even if it had been as they portrayed it, a pretty minor matter.


    Clinton v. Manning: Protecting Classified Information

    And of course during the Bradley/Chelsea Manning trial, itself concerning State’s Secret level cables, Hillary Clinton was clear on her position: “I think that in an age where so much information is flying through cyberspace, we all have to be aware of the fact that some information which is sensitive, which does affect the security of individuals and relationships, deserves to be protected and we will continue to take necessary steps to do so.”


    Others

    I’ve focused here on my own situation not because it was important nationally, or out of bitterness (OK, maybe a little, I’m human) but primarily because it is the example I know most about.

    But there are others.

    The Intercept points out NSA whistleblower Tom Drake, for instance, faced years in prison, and ultimately had his career destroyed, based on the Obama DOJ’s claims that he “mishandled” classified information (it included information that was not formally classified at the time but was retroactively decreed to be such). Less than two weeks ago, “a Naval reservist was convicted and sentenced for mishandling classified military materials” despite no “evidence he intended to distribute them.” Last year, a Naval officer was convicted of mishandling classified information also in the absence of any intent to distribute it.

    John Kiriakou was sent to prison in part for his alleged mishandling of a business card, unmarked as to classification, that the CIA claimed was sensitive. Robert Maclean, at TSA, lost his job because he revealed unclassified information that was later retroactively classified.

    There are many examples.



    What it means…

    You are welcome to say what you wish about the merits or lack thereof of how I was treated by the State Department when the issue was handling of classified information. This article is not to open an old can of worms. I retired from my 24 years at the State Department and that’s that as far as that’s concerned.

    The point here instead is that State appears to have a sliding scale of how it sees possible security violations by its employees — Hillary Clinton and me, in this instance. Because while all this was happening with me in 2011, Clinton was running her own email system, unclassified in name but with classified materials in fact.

    And when you have double standards, as everyone knows, you really have no standards at all.

    BONUS: That photo’s of me, on my last day of work at State, wearing my ‘Free Bradley Manning’ T-shirt on campus. Manning, of course, is in jail for disclosing Secret-level information. I lost my job over purported confidential information. Hillary’s server contained above Top Secret information, the same level of information Edward Snowden is accused of disseminating.




    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • Your Serve, Hillary: Email Scandal Deepens

    August 12, 2015 // 8 Comments

    Tags: , ,
    Posted in: 2016, Embassy/State



    March 10: Hillary admits she used a personal email server while Secretary of State, claiming it was because she did not want to handle multiple devices. She adamantly said there was no classified on her server, and that she would never turn the hardware over to anyone. “I did not email any classified material to anyone on my email. There is no classified material.”

    “We have no indication that Secretary Clinton used her personal e-mail account for anything but unclassified purposes,” State Department deputy spokesperson Marie Harf said.

    The devices argument died instantly in a hail of photos of her using multiple devices. Information released yesterday shows that not only did Hillary have classified information on her server, the tiny sample the State Department allowed the Inspector General from the Intelligence Community to review contained very highly classified material. Hillary was forced to turn her hardware over to the FBI.

    Let’s break it down a bit.

    That Classified Material

    Seven emails are currently being reviewed by an inter-governmental agency, led by the FBI, to determine whether or not they are classified. Two other emails were classified as top secret by the CIA, according to information circulated by Senator Chuck Grassley.

    Grassley said in a statement that: “two of the four emails that the office had previously described as ‘above Secret’ were, in fact, classified at the Top Secret/SI level. According to the Intelligence Community Inspector General, the other two emails, which intelligence community officials said were classified by the State Department at the time they were sent, are being reviewed by the State Department to determine what the current appropriate level of classification should be.”

    TS//SI//TK//NF

    In fact, the two emails in question were marked TS//SI//TK//NF. What does all that mean?

    TS = TOP SECRET
    SI = Special Intelligence (SIGINT)
    TK = TALENT KEYHOLE (from satellites)
    NF = NOFORN (US eyes only)

    America has a basic, three-tiered classification system: Confidential, Secret and Top Secret. Hillary exposed the highest level of classification, on par with what Edward Snowden and David Petraeus did. Chelsea Manning is in jail for only Secret level documents.

    After information is considered Confidential, Secret or Top Secret, handling tags apply. These further indicate how the contents should be treated, given where it came from, those “sources and methods” one hears about that when known to an adversary, tell them not only what we know, but how we know it.

    SI and TK together indicate the information came from electronic spying, eavesdropping of some sort, and satellite-based. An adversary would know, after seeing what was on Hillary’s server, that they were being monitored from space and that the U.S. satellites were specifically capable of picking up whatever was discussed in those emails. The argument about how, post-Snowden, all of the world “knows” they are being monitored is one thing, but hard proof in a specific instance is another level of “knowing” that will allow an adversary to take specific countermeasures.

    Lastly, the NF means that the information is of such sensitivity that it cannot be disclosed even to America’s closest allies, typically the “Five Eyes” group: Australia, Canada, Great Britain and New Zealand. Sharing among the group is so broad that the U.S. even gave them access to information pulled electronically by the NSA from inside the equivalent of Japan’s Oval Office.

    As for any security Clinton may have used on her server, it is important to note that Top Secret materials within the government are not only processed on special hardware, they must be read inside of special rooms with physical security.

    A friend of this blog also wrote in to say:

    “Unclass, class up to Secret, and TS/SCI are processed and retrieved on three distinct systems; employees have separate log-ons for each. You can’t ‘accidentally’ send a classified doc to an unclass address.

    “So, for HRC or her colleagues to have gotten classified info into an unclass system, they would have had to copy or ‘gist’ it into the class system, while omitting the markings. As you and others have noted, the material remains classified. This is a deliberate decision to ignore law and regulations. If you then use a non-State server and your personal, unencrypted phones… the likelihood of compromise is high.”

    It is also important to note that Clinton’s email server was not encrypted for at least her first three months of foreign travel, including her using the system on a visit to China.


    What’s Next

    With Clinton’s server (as well as the two thumb drives her attorney held with duplicate contents) now in possession of the FBI, all of the emails she did not delete are available for analysis. Depending on how the other emails, the ones she claimed were personal, were deleted, they may also be forensically salvageable.

    Yet all that only will add to the growing pile of what happened.

    The key question of what will be done with the amassed data, such as some sort of prosecution, remains hanging. It is not a partisan statement or an exaggeration to say that any other government employee found to have held such highly classified data on an unclassified system would have lost her job, her security clearance and likely faced judicial charges.

    Clinton’s limited defense options are already in the trial balloon stage, fronted by a State Department that should be a neutral entity at this point now that the case has moved to the FBI.

    “Department employees circulated these emails on unclassified systems in 2009 and 2011 and ultimately some were forwarded to Secretary Clinton,” said State Department spokesman John Kirby. “They were not marked as classified.”


    What affect any of this will have on voters is even a larger question fully unresolved.



    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • Arizona Spent Over $1.7 Million Drug Testing Welfare Recipients to Catch 1 Person in 3 years

    August 12, 2015 // 2 Comments

    Tags: , ,
    Posted in: Economy, Minimum Wage

    drug-test-2-972x648


    Somehow in America if you are poor and in need of food, you better not take drugs, or no public assistance for you! You deserve to die of hunger because you spend your money on ‘da dope.

    Just don’t die in the street where we have to step over your body on the way to the nail salon.

    Oh, and by the way, this is a wholly made up problem created by frightened politicians. According to a study by the National Institute of Alcohol Abuse and Alcoholism, differences between the proportion of welfare and non-welfare recipients using illegal drugs are statistically insignificant.


    But that did not stop Arizona.

    Arizona proudly claims it spent $1.7 million dollars to test 87,000 people on public assistance for drug use. The total number of drug cheats caught in the first three years of the program, 2009-2012, was exactly onea single positive result, which saved the state precisely $560, minus the $42 cost of the drug test itself. But oh my, since 2012, they got two more of the danged varmints.

    Luckily, the Arizona drug testing is being done in a scientific way. The state asks new welfare recipients whether they’ve used drugs in the past 30 days, and only those who answer yes are tested.

    Now the goody-goodest news of all is that Arizona apparently has got them some cheap drug testing. The ACLU estimates that an average drug test costs $42, bringing the total cost as high as $3.65 million if all of the Arizona welfare recipients were subjected to the full-price tests. But who knows,maybe there was GroupOn.

    And luckily the money being spent on these drug tests is not going to feed hungry people, so it’s not being wasted on American who are wasted.


    It is not just Arizona who wastes taxpayer money to solve a non-problem. Have a look:


    Missouri
    Applicants for benefits that required drug screening, March 2013–September 2014: 69,587
    Total required to take follow-up drug test at additional cost: 1,646
    Disqualified due to a positive drug test: 69

    Utah
    Applicants for benefits that required drug screening, August 2012–July 2014: 9,253
    Total required to take follow-up drug test at additional cost: 1,878
    Disqualified due to a positive drug test: 29

    Tennessee
    Applicants for benefits that required drug screening, July 2014–December 2014: 11,300
    Total required to take follow-up drug test at additional cost: 273
    Disqualified due to a positive drug test: 24

    Florida
    Applicants for benefits that required drug screening, July 2014–December 2014: 4,044
    Total required to take follow-up drug test: Unknown
    Disqualified due to a positive drug test: 108

    The neat thing is that Florida used to (they were stopped by court order) requires welfare applicants, who have little money hence the application, to pay for their own drug tests up front. If they passed the test, they eventually had their money refunded.


    Note that if you can afford your own food, take all the drugs you want. Smoke up, Arizonians, and order that pizza delivered when you get the munchies. Damn hippies.




    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • Understanding Why the Clinton Emails Matters

    August 11, 2015 // 29 Comments

    Tags: , ,
    Posted in: Embassy/State

    Hillary-Clinton

    In the world of handling America’s secrets, words – classified, secure, retroactive – have special meanings. I held a Top Secret clearance at the State Department for 24 years and was regularly trained in protecting information as part of that privilege. Here is what some of those words mean in the context of former Secretary of State Hillary Clinton’s emails.

    The Inspectors General for the State Department and the intelligence community issued a statement saying Clinton’s personal email system contained classified information. This information, they said, “should never have been transmitted via an unclassified personal system.” The same statement voiced concern that a thumb drive held by Clinton’s lawyer also contains this same secret data. Another report claims the U.S. intelligence community is bracing for the possibility that Clinton’s private email account contains multiple instances of classified information, with some data originating at the CIA and NSA.

    A Clinton spokesperson responded that “Any released emails deemed classified by the administration have been done so after the fact, and not at the time they were transmitted.” Clinton claims unequivocally her email contained no classified information, and that no message carried any security marking, such as Confidential or Top Secret.

    The key issue in play with Clinton is that it is a violation of national security to maintain classified information on an unclassified system.

    Classified, secure, computer systems use a variety of electronic (often generically called TEMPESTed) measures coupled with physical security (special locks, shielded conduits for cabling, armed guards) that differentiate them from an unclassified system. Some of the protections are themselves classified, and unavailable in the private sector. Such standards of protection are highly unlikely to be fulfilled outside a specially designed government facility.

    Yet even if retroactive classification was applied only after Clinton hit “send” (and State’s own Inspector General says it wasn’t), she is not off the hook.

    What matters in the world of secrets is the information itself, which may or may not be marked “classified.” Employees at the highest levels of access are expected to apply the highest levels of judgment, based on the standards in Executive Order 13526. The government’s basic nondisclosure agreement makes clear the rule is “marked or unmarked classified information.”

    In addition, the use of retroactive classification has been tested and approved by the courts, and employees are regularly held accountable for releasing information that was unclassified when they released it, but classified retroactively.

    It is a way of doing business inside the government that may at first seem nonsensical, but in practice is essential for keeping secrets.

    For example, if an employee were to be handed information sourced from an NSA intercept of a foreign government leader, somehow not marked as classified, she would be expected to recognize the sensitivity of the material itself and treat it as classified. In other cases, an employee might hear something sensitive and be expected to treat the information as classified. The emphasis throughout the classification system is not on strict legalities and coded markings, but on judgment. In essence, employees are required to know right from wrong. It is a duty, however subjective in appearance, one takes on in return for a security clearance.

    “Not knowing” would be an unexpected defense from a person with years of government experience.

    In addition to information sourced from intelligence, Clinton’s email may contain some back-and-forth discussions among trusted advisors. Such emails are among the most sensitive information inside State, and are otherwise always considered highly classified. Adversaries would very much like to know America’s bargaining strategy. The value of such information is why, for example, the NSA electronically monitored heads of state in Japan and Germany. The Freedom of Information Act recognizes the sensitivity of internal deliberation, and includes a specific exemption for such messages, blocking their release, even years after a decision occurred. If emails discussing policy or decisions were traded on an open network, that would be a serious concern.

    The problem for Clinton may be particularly damaging. Every email sent within the State Department’s own systems contains a classification; an employee technically cannot hit “send” without one being applied. Just because Clinton chose to use her own hardware does not relieve her or her staff of this requirement.

    Some may say even if Clinton committed security violations, there is no evidence the material got into the wrong hands – no blood, no foul. Legally that is irrelevant. Failing to safeguard information is the issue. It is not necessary to prove the information reached an adversary, or that an adversary did anything harmful with the information for a crime to have occurred. See the cases of Chelsea Manning, Edward Snowden, Jeff Sterling, Thomas Drake, John Kiriakou or even David Petraeus. The standard is “failure to protect” by itself.

    None of these laws, rules, regulations or standards fall under the rubric of obscure legalities; they are drilled into persons holding a security clearance via formal training (mandatory yearly for State Department employees), and are common knowledge for the men and women who handle America’s most sensitive information. For those who use government computer systems, electronic tools enforce compliance and security personnel are quick to zero in on violations.

    A mantra inside government is that protecting America’s secrets is everyone’s job. That was the standard against which I was measured throughout my career and the standard that should apply to everyone entrusted with classified information.




    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • The Destruction of Tariq Ba Odah by the United States of America

    August 10, 2015 // 18 Comments

    Tags: , , ,
    Posted in: Democracy, Military, Post-Constitution America, Yemen

    75pounds


    Tariq Ba Odah has been convicted of nothing.

    He has nonetheless spent 13 years inside Guantanamo living in a cage, and he is dying. The United States refuses to release him. He now weighs only 75 pounds.

    So you know, the photo here shows an American POW from WWII who weighed 75 pounds.


    A lawyer for Tariq Ba Odah has asked a federal judge to order his release because of his “severe physical and psychological deterioration.” On Friday, for the third time, the Justice Department asked a judge to extend its deadline to respond, saying the administration needed another week “to further consider internally its response to petitioner’s motion.”

    Tariq Ba Odah, in Guantanamo with no trial and no conviction and no hope of release otherwise accordingly, has been on a hunger strike since 2007 and now weighs less than 75 pounds. He is living testimony that the United States continues to torture its enemies. He is living testimony that the United States fears 75 pound men.

    75poundsagain

    So you know, the photo here shows people from a WWII concentration camp who weighed 75 pounds.

    Tariq Ba Odah has been held in Guantanamo for more than 13 years. The Pakistani Army captured him along the Afghan border, and he is accused of having gone to the region to fight with the Taliban and of having received some weapons training.

    In his U.S. government file, he is “assessed” to have been an Islamic extremist and a “possible member” of al Qaeda. It says he “probably” manned a mortar at Tora Bora in Afghanistan. He is “reported” to have been an “important man” with al Qaeda. The file notes that he watching videos on TV about the bombing of the USS Cole, information worth including apparently.

    It seems incongruous that an important man in al Qaeda would have the job of mortarman.

    It is likely that tens of thousands of young men, maybe more, fought and continue to fight against the United States in Afghanistan. Only a handful are in Guantanamo. Vengeance 14 years after 9/11 is impersonal and arbitrary and thus somehow even more evil.



    starving-dog

    So you know, the photo here shows a dog that has been starved to the edge of death.

    As far as releasing Tariq Ba Odah, the New York Times reports State Department officials say that the government should not oppose his release, citing his medical condition and the incongruity of sending American diplomats to ask other countries to take in such detainees even as the Justice Department fights in court to prolong their detention.

    But Defense Department officials say that not contesting Ba Odah’s lawsuit would create an incentive for other detainees to stop eating, causing problems at the military-run prison. Justice Department litigators, who the Times claims have the job of “defend[ing] the government’s authority, are also fighting Ba Odah’s petition.

    Why do educated men and women at the Department of Justice, cognizant of the irony of their actions given the name of where they work, do this? They’ll say, perhaps to themselves in some death-bed moment of desperate remorse, that they were only following orders. One hopes their god is more understanding, because we have heard that one before at Nuremberg.

    Despite continued forcing of food up Ba Odah’s anus or down into his stomach against his will and under restraint, Ba Odah appears to have developed an underlying medical problem that is preventing his body from properly absorbing nutrition no matter how much he is force-fed. The U.S. continues to force-feed him nonetheless.

    At this point someone will be asking: why doesn’t Ba Odah just eat?

    It is likely Ba Odah himself has thought about the same question. In my former career working for the Department of State, I was responsible for the welfare of arrested Americans abroad. Many threatened hunger strikes for reasons ranging from superficial to very serious. However, in my 24 years of such work, only one prisoner carried it out for more than a day or two, taking only small sips of water for a week. His captors, one of America’s closest allies in Asia, choose to not force-feed him, stating due to the nature of his “political crime” (espionage) that they’d prefer to see him die.

    During my daily visits I watched the man starve to death in real-time. It requires extraordinary will and strength to do that, pushing back against all of evolution and biology screaming inside your head to just eat. Close to death, the man choose to stay alive and eat for the sake of his family. It is no casual decision to do what Tariq Ba Odah is doing. Something very important must be at stake for a man to do what Tariq Ba Odah has done.

    For eight years.

    And for those who have trouble with the images, I’ll suggest you not support the politicians and policies that create them. And just because you don’t look at them, that doesn’t make them go away for the real people in Naval Station Guantanamo Bay, Cuba.



    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • Ready for 2024: Chelsea Clinton to Publish First Book

    August 8, 2015 // 3 Comments

    Tags: , ,
    Posted in: 2016, Democracy

    Clinton-Global-Initiative-in-Marrakech


    While she is still a step or two away from her second term as president, Hillary is already grooming her daughter for the succession.

    Chelsea Clinton was, like William and Harry, born into royalty. Chelsea is only 35 years old and has already accomplished so much. What a bright future lies ahead! America is still a country where any child can grow up to someday become president — as long as your last name is Clinton.

    Chelsea’s latest faux-accomplishment is to announce she will write a children’s book, It’s Your World. Crazy coincidence: it will be published just weeks before the 2016 election when Mother Hillary will be hoping to follow Father Bill into the White House. Chelsea’s hard-hitting book, under the sub-heading “Get Informed, Get Inspired and Get Going!” will address issues such as poverty, access to education, and gender equality. Another coincidence: those are basically her mother’s campaign themes.

    Clinton the Younger is no stranger to the world of Clinton favors and corruption.


    Earning $445 Per Second at NBC

    Unlike most well-to-do young people who, after a decent education, take a series of unpaid internships and entry-level positions to begin working their way up some corporate ladder, Chelsea jumped more than a few rungs. Despite never having attended journalism school or otherwise having worked in the field, Chelsea was hired by NBC News to do feel-good stories as part of their “Making a Difference” series. Though the starting salary for such positions is already a chunky $100,000-200,000, Chelsea is being paid $600,000 a year for the same work.

    All told, in her almost three-year tenure at NBC, Chelsea has worked on all of 14 stories.

    Business Insider calculated since starting work in November 2011, Chelsea earned about $26,724 for each minute she appeared on air, or $445 per second. As in one-two-three, there’s your month’s rent.

    NBC has an eye for talent, at least the talent of children of important politicians. In 2009, it hired George W. Bush’s daughter Jenna to serve as a correspondent on the Today” show. In 2011, it hired Senator John McCain’s daughter Meghan as a contributor on MSNBC.

    More Chelsea $$$$$$$$

    In addition to her gig at NBC, Chelsea also serves Vice Chair of the Bill, Hillary and Chelsea Clinton Foundation.

    Chelsea also benefits from a job as a board member for Barry Diller’s IAC/InteractiveCorp. Salary for Chelsea: $300,000. The board position also pays an annual retainer of $50,000 and a $250,000 grant of restricted stock.

    Chelsea, though she only graduated with a master’s degree in 2010, started teaching graduate level classes two years later at Columbia University’s School of Public Health. Chelsea holds another academic post, salary unknown, as assistant vice provost for the Global Network University at New York University.

    Chelsea’s personal fortune is estimated at $15 million, most earned as a consultant at McKinsey & Company and by working for Avenue Capital Investment Group as a hedge fund manager. Chelsea and her husband live in a $10.5 million condominium in Manhattan.


    A feature of oligarchy is the dynastic ascension of new leaders, children who rise to positions of power and wealth simply by the luck of birth. We welcome Chelsea Clinton to the club.



    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • My Dreams Seek Revenge: Revisiting Hiroshima One More Time

    August 7, 2015 // 5 Comments

    Tags:
    Posted in: Hooper's War, Military

    Stillman-Hiroshima-690

    I’ve visited Hiroshima many times.

    There is a Japanese jail not far from the Hiroshima Peace Park, and in my guise as a diplomat working in Japan, one of my jobs was to visit Americans in jail, typically young men and women who’d smoked a little weed in drug-conscious Japan.

    I’d check up on their welfare, pass messages to and from home for them, that kind of thing. There were always enough of these folks in Hiroshima for at least quarterly visits, and I always took the opportunity to visit the Peace Park, the Atomic Dome and the museum. You’ve seen them all in photos many, many times.


    The thing that always struck me about Hiroshima was simply being there. The train pulled into the station under an announcement that you had arrived in Hiroshima. It was another stop on the bullet train’s long run from Osaka to Fukuoka, so they called out the name as if it was just another stop. I’d get off the train, step out into the sunlight — that sunlight — and I was in Hiroshima. I had the same feeling only once before, taking a bus out of Munich and having the driver announce the next stop as Dachau. Somehow such names feel wrong being said so prosaically.

    I guess no matter how many times I went to Hiroshima, I always expected something different to happen, when in fact nothing happened. There were 200,000 souls out there that no matter how much concrete and paving had been laid down could not have been buried deep enough. I couldn’t see them for the crowds of people pushing into the station, and I couldn’t hear them over the traffic noise.

    But past lives lingered. It couldn’t be helped. The mountains that form the background in the old photos are still backstopping the city. A lot of tall buildings of course now, but the Ota River delta, where thousands drowned trying to cool their bodies and extinguish their burning flesh, is right there. In that way the Japanese had of trying to make the war go away as quickly as they could once it was over, most of the bridges and streets were rebuild right where they’d been before the bomb. Same for most pubic buildings. With a map and some old photos, you could see where you where in 2015 and where you would have been in 1945.

    In August, Hiroshima is hot as hell and twice as humid. You can’t really sweat, there’s so much moisture in the air. Take a fast walk and you feel like you have asthma. But in 2015, you can duck into a McDonald’s not far from the Dome and absorb as much free air conditioning as you’d like. An American there, or in the Peace Park, is as likely to be ignored as just another tourist as he is to become the target of some nice Japanese person wanting to practice English.


    Hiroshima is an imperfect place, and one which will not easily allow you to forget the terrible things that preceeded its day of infamy.

    While grieving for the victims, many outside of Japan feel the Japanese government has yet to fully acknowledge its aggressiveness in plunging East Asia into war, preferring to portray the nation as a victim.

    Indeed, the otherwise moving Hiroshima Museum inside the Peace Park has been chastised by some as focusing too exclusively on a single day, out of a war that began years earlier and claimed millions of innocent lives at the hands of the Japanese military. The criticism is particularly sharp right now, given what many perceive as a rise in militarism occurring under Prime Minister Shinzo Abe.

    There have also been issues between Japan and Korea regarding Hiroshima. An estimated 40,000 Koreans were injured or killed in the atomic blast, many of them slave laborers kidnapped from Korea and brought to work in Hiroshima’s factories.

    The centerpiece of the Peace Park, the Memorial Cenotaph, was created as the final resting place for the ashes and bones of the bomb’s victims, many of whom were never fully identified. Under Buddhist tradition, without such interment, the souls of those men and women will never rest. Japan, however, only allowed those remains believed to be Japanese to be placed in the Memorial.


    There is still much to atone for, and much to reconcile. The U.S., above all, remains unrepentant. It was only on the 60th anniversary of the bomb that the first American Ambassador ever came to Hiroshima on an August 6th morning to pay respects. Ask most Americans about the bombing, and it would be surprising not to hear the phrase “the Japs deserved it.” There is still not enough for some, even seven decades later.

    Perhaps the oddest part of my visits to Hiroshima was always at the end. I simply got on a train, and left it all behind me.

    Or so I thought each time I tried, because at night my dreams always sought revenge.



    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • August 6: The Atomic Bombing of Hiroshima

    August 6, 2015 // 4 Comments

    Tags: , ,
    Posted in: Democracy, Hooper's War

    hiroshima


    There is a lot to say about this day, when 70 years ago, the United States became the first and only nation to use nuclear weapons.


    So much is said every day about Iran and nuclear weapons, and terrorists and nuclear weapons, Putin with nuclear weapons and so forth, but that one fact remains among all the blather. For all the talk, only America has dropped the bomb.

    We did it twice (the Nagasaki bomb was on August 9) and we did it on two civilian targets. There is no use arguing that the two cities had significant military value; if there had been, they would have already been firebombed to tinder the way Tokyo and other cities in Japan had been. Nagasaki was a port, but not far away was the major naval base at Sasebo, which some say was not bombed because the U.S. planned to take possession of it after the war for our own navy (we did.) Both cities had some defense industry, but pretty much any place in Japan larger than a village also did.

    Civilians were not, in today’s language, collateral damage. They were the targets. The image above shows what one child victim then looked like as an adult.

    Please think of him when you hear some American say the Japs deserved it.


    So we’ll leave it at this. As part of my research for my next book, Hooper’s War, I found this, below, an accounting by the United States of the exact, precise number of school children it killed on that hot August morning in 1945.


    hiroshima school children dead




    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • Man Who Ran Clinton’s Personal Email Server Worked for State Department

    August 5, 2015 // 10 Comments

    Tags: , , ,
    Posted in: 2016

    bryan

    The man who set up and administered Hillary Clinton’s personal email server during her tenure as Secretary of State worked for the State Department. This adds ethical issues to the problems Clinton already faces, as well raising questions about a taxpayer-paid official conducting private business on our dime.

    The FBI has begun looking into the security of Hillary Clinton’s private e-mail setup. Also last week, the FBI contacted Clinton’s lawyer, David Ken­dall, with questions about the security of a thumb drive in his possession that contains copies of work e-mails Clinton sent during her time as secretary of state, some of which — according to the Inspectors General from State and the Intelligence Community — contain classified material.

    According to the Washington Post, those briefed on the server state the hardware was purchased for use by Hillary Clinton’s 2008 campaign and installed at the Chappaqua home. That means any malware acquired under the conditions of the campaign migrated with the server.

    Bryan Pagliano

    More significantly, along with the new server came a technical specialist, Bryan Pagliano, pictured, who had worked as Clinton’s campaign’s IT director. According to federal campaign finance records, Pagliano was paid by Clinton’s Senate leadership PAC through April 2009. The next month, he went to work for the State Department as an IT specialist.

    The people briefed on the server indicated that Pagliano continued to act as the lead specialist responsible for Clinton’s personal server even while he was employed by the Department of State. The e-mail system was not always reliable, these people said, with Pagliano summoned at various times to fix problems. Notably, the system crashed for days after New York was hit by Hurricane Sandy in October 2012, while Hillary Clinton was still secretary of state. It is unclear what email system the secretary used to conduct the nation’s diplomatic business with during that period.

    Responsibility for Clinton’s email system was moved to a private company, Platte River Networks in Denver, only in 2013, after Clinton left the State Department. That company either administered Clinton’s server in New York remotely, or operated a server for her in its own data warehouse. Either would have opened the hardware and its contents to a larger group.

    Pagliano at State

    Bryan Pagliano’s job at the State Department is confirmed on his LinkedIn page.

    He lists his political-appointee position as “Serve as strategic advisor and special projects manager to the Chief Technology Officer (CTO) / Deputy Chief Information Officer (DCIO) overseeing the operations of the Information Resource Management (IRM) bureau.” Working at such a high level inside State’s IT structure assures that State’s most senior information officers knew about Clinton’s email setup, and apparently did not or were not able to stop it.


    Pagliano’s Facebook page also shows his closeness to the Clintons (the third person is identified on Facebook as Carrie Pagliano):

    bryan at party

    bryan at party two

    We note that at the same of this writing, Pagliano’s Facebook page employs no security, meaning anyone may access all of its content. Odd move for a guy in charge of the Secretary of State’s email.

    BONUS: The State Department’s Chief Information Officer, who should have stopped the Clinton email server? Well, well, she retired from State a few months before Hillary left, into a nice job at the IMF. It pays to be a winner!




    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • Hiroshima: The Myth of a “Merciful” Ending to the “Good War”

    August 5, 2015 // 3 Comments

    Tags: , ,
    Posted in: Hooper's War, Military

    Stillman-Hiroshima-690

    (This piece is written by a good friend of the blog, Chris Appy, and is reprinted with the kind permission of Chris and TomDispatch, where it originally appeared.)

    Here we are, 70 years after the nuclear obliteration of Hiroshima and Nagasaki, and I’m wondering if we’ve come even one step closer to a moral reckoning with our status as the world’s only country to use atomic weapons to slaughter human beings.

    Will an American president ever offer a formal apology? Will our country ever regret the dropping of “Little Boy” and “Fat Man,” those two bombs that burned hotter than the sun? Will it absorb the way they instantly vaporized thousands of victims, incinerated tens of thousands more, and created unimaginably powerful shockwaves and firestorms that ravaged everything for miles beyond ground zero? Will it finally come to grips with the “black rain” that spread radiation and killed even more people — slowly and painfully — leading in the end to a death toll for the two cities conservatively estimated at more than 250,000?

    Given the last seven decades of perpetual militarization and nuclear “modernization” in this country, the answer may seem like an obvious no. Still, as a historian, I’ve been trying to dig a little deeper into our lack of national contrition. As I have, an odd fragment of Americana kept coming to mind, a line from the popular 1970 tearjerker Love Story: “Love,” says the female lead when her boyfriend begins to apologize, “means never having to say you’re sorry.” It has to be one of the dumbest definitions ever to lodge in American memory, since real love often requires the strength to apologize and make amends.

    It does, however, apply remarkably well to the way many Americans think about that broader form of love we call patriotism. With rare exceptions, like the 1988 congressional act that apologized to and compensated the Japanese-American victims of World War II internment, when it comes to the brute exercise of power, true patriotism has above all meant never having to say you’re sorry. The very politicians who criticize other countries for not owning up to their wrong-doing regularly insist that we should never apologize for anything. In 1988, for example, after the U.S. Navy shot down an Iranian civilian airliner over the Persian Gulf killing all 290 passengers (including 66 children), Vice President George H.W. Bush, then running for president, proclaimed, “I will never apologize for the United States. Ever. I don’t care what the facts are.”

    It turns out, however, that Bush’s version of American remorselessness isn’t quite enough. After all, Americans prefer to view their country as peace-loving, despite having been at war constantly since 1941. This means they need more than denials and non-apologies. They need persuasive stories and explanations (however full of distortions and omissions). The tale developed to justify the bombings that led to a world in which the threat of human extinction has been a daily reality may be the most successful legitimizing narrative in our history. Seventy years later, it’s still deeply embedded in public memory and school textbooks, despite an ever-growing pile of evidence that contradicts it. Perhaps it’s time, so many decades into the age of apocalyptic peril, to review the American apologia for nuclear weapons — the argument in their defense — that ensured we would never have to say we’re sorry.



    The Hiroshima Apologia

    On August 9, 1945, President Harry Truman delivered a radio address from the White House. “The world will note,” he said, “that the first atomic bomb was dropped on Hiroshima, a military base. That was because we wished in this first attack to avoid, insofar as possible, the killing of civilians.” He did not mention that a second atomic bomb had already been dropped on Nagasaki.

    Truman understood, of course, that if Hiroshima was a “military base,” then so was Seattle; that the vast majority of its residents were civilians; and that perhaps 100,000 of them had already been killed. Indeed, he knew that Hiroshima was chosen not for its military significance but because it was one of only a handful of Japanese cities that had not already been firebombed and largely obliterated by American air power. U.S. officials, in fact, were intent on using the first atomic bombs to create maximum terror and destruction. They also wanted to measure their new weapon’s power and so selected the “virgin targets” of Hiroshima and Nagasaki. In July 1945, Secretary of War Henry Stimson informed Truman of his fear that, given all the firebombing of Japanese cities, there might not be a target left on which the atomic bomb could “show its strength” to the fullest. According to Stimson’s diary, Truman “laughed and said he understood.”

    The president soon dropped the “military base” justification. After all, despite Washington’s effort to censor the most graphic images of atomic annihilation coming out of Hiroshima, the world quickly grasped that the U.S. had destroyed an entire city in a single blow with massive loss of life. So the president focused instead on an apologia that would work for at least the next seven decades. Its core arguments appeared in that same August 9th speech. “We have used [the atomic bomb] against those who attacked us without warning at Pearl Harbor,” he said, “against those who have starved and beaten and executed American prisoners of war, against those who have abandoned all pretense of obeying international laws of warfare. We have used it in order to shorten the agony of war, in order to save the lives of thousands and thousands of young Americans.”

    By 1945, most Americans didn’t care that the civilians of Hiroshima and Nagasaki had not committed Japan’s war crimes. American wartime culture had for years drawn on a long history of “yellow peril” racism to paint the Japanese not just as inhuman, but as subhuman. As Truman put it in his diary, it was a country full of “savages” — “ruthless, merciless, and fanatic” people so loyal to the emperor that every man, woman, and child would fight to the bitter end. In these years, magazines routinely depicted Japanese as monkeys, apes, insects, and vermin. Given such a foe, so went the prevailing view, there were no true “civilians” and nothing short of near extermination, or at least a powerful demonstration of America’s willingness to proceed down that path, could ever force their surrender. As Admiral William “Bull” Halsey said in a 1944 press conference, “The only good Jap is a Jap who’s been dead six months.”

    In the years after World War II, the most virulent expressions of race hatred diminished, but not the widespread idea that the atomic bombs had been required to end the war, eliminating the need to invade the Japanese home islands where, it was confidently claimed, tooth-and-nail combat would cause enormous losses on both sides. The deadliest weapon in history, the one that opened the path to future Armageddon, had therefore saved lives. That was the stripped down mantra that provided the broadest and most enduring support for the introduction of nuclear warfare. By the time Truman, in retirement, published his memoir in 1955, he was ready to claim with some specificity that an invasion of Japan would have killed half-a-million Americans and at least as many Japanese.

    Over the years, the ever-increasing number of lives those two A-bombs “saved” became a kind of sacred numerology. By 1991, for instance, President George H.W. Bush, praising Truman for his “tough, calculating decision,” claimed that those bombs had “spared millions of American lives.” By then, an atomic massacre had long been transformed into a mercy killing that prevented far greater suffering and slaughter.

    Truman went to his grave insisting that he never had a single regret or a moment’s doubt about his decision. Certainly, in the key weeks leading up to August 6, 1945, the record offers no evidence that he gave serious consideration to any alternative.



    “Revisionists” Were Present at the Creation

    Twenty years ago, the Smithsonian’s National Air and Space Museum planned an ambitious exhibit to mark the 50th anniversary of the end of World War II. At its center was to be an extraordinary artifact — the fuselage of the Enola Gay, the B-29 Superfortress used to drop the atomic bomb on Hiroshima. But the curators and historical consultants wanted something more than yet another triumphal celebration of American military science and technology. Instead, they sought to assemble a thought-provoking portrayal of the bomb’s development, the debates about its use, and its long-term consequences. The museum sought to include some evidence challenging the persistent claim that it was dropped simply to end the war and “save lives.”

    For starters, visitors would have learned that some of America’s best-known World War II military commanders opposed using atomic weaponry. In fact, six of the seven five-star generals and admirals of that time believed that there was no reason to use them, that the Japanese were already defeated, knew it, and were likely to surrender before any American invasion could be launched. Several, like Admiral William Leahy and General Dwight Eisenhower, also had moral objections to the weapon. Leahy considered the atomic bombing of Japan “barbarous” and a violation of “every Christian ethic I have ever heard of and all of the known laws of war.”

    Truman did not seriously consult with military commanders who had objections to using the bomb. He did, however, ask a panel of military experts to offer an estimate of how many Americans might be killed if the United States launched the two major invasions of the Japanese home islands scheduled for November 1, 1945 and March 1, 1946. Their figure: 40,000 — far below the half-million he would cite after the war. Even this estimate was based on the dubious assumption that Japan could continue to feed, fuel, and arm its troops with the U.S. in almost complete control of the seas and skies.

    The Smithsonian also planned to inform its visitors that some key presidential advisers had urged Truman to drop his demand for “unconditional surrender” and allow Japan to keep the emperor on his throne, an alteration in peace terms that might have led to an almost immediate surrender. Truman rejected that advice, only to grant the same concession after the nuclear attacks.

    Keep in mind, however, that part of Truman’s motivation for dropping those bombs involved not the defeated Japanese, but the ascending Soviet Union. With the U.S.S.R. pledged to enter the war against Japan on August 8, 1945 (which it did), Truman worried that even briefly prolonging hostilities might allow the Soviets to claim a greater stake in East Asia. He and Secretary of State James Byrnes believed that a graphic demonstration of the power of the new bomb, then only in the possession of the United States, might also make that Communist power more “manageable” in Europe. The Smithsonian exhibit would have suggested that Cold War planning and posturing began in the concluding moments of World War II and that one legacy of Hiroshima would be the massive nuclear arms race of the decades to come.

    In addition to displaying American artifacts like the Enola Gay, Smithsonian curators wanted to show some heartrending objects from the nuclear destruction of Hiroshima, including a schoolgirl’s burnt lunchbox, a watch dial frozen at the instant of the bomb’s explosion, a fused rosary, and photographs of the dead and dying. It would have been hard to look at these items beside that plane’s giant fuselage without feeling some sympathy for the victims of the blast.

    None of this happened. The exhibit was canceled after a storm of protest. When the Air Force Association leaked a copy of the initial script to the media, critics denounced the Smithsonian for its “politically correct” and “anti-American” “revision” of history. The exhibit, they claimed, would be an insult to American veterans and fundamentally unpatriotic. Though conservatives led the charge, the Senate unanimously passed a resolution condemning the Smithsonian for being “revisionist and offensive” that included a tidy rehearsal of the official apologia: “The role of the Enola Gay… was momentous in helping to bring World War II to a merciful end, which resulted in saving the lives of Americans and Japanese.”

    Merciful? Consider just this: the number of civilians killed at Hiroshima and Nagasaki alone was more than twice the number of American troops killed during the entire Pacific war.

    In the end, the Smithsonian displayed little but the Enola Gay itself, a gleaming relic of American victory in the “Good War.”

    Our Unbroken Faith in the Greatest Generation

    In the two decades since, we haven’t come closer to a genuine public examination of history’s only nuclear attack or to finding any major fault with how we waged what Studs Terkel famously dubbed “the Good War.” He used that term as the title for his classic 1984 oral history of World War II and included those quotation marks quite purposely to highlight the irony of such thinking about a war in which an estimated 60 million people died. In the years since, the term has become an American cliché, but the quotation marks have disappeared along with any hint of skepticism about our motives and conduct in those years.

    Admittedly, when it comes to the launching of nuclear war (if not the firebombings that destroyed 67 Japanese cities and continued for five days after “Fat Man” was dropped on Nagasaki), there is some evidence of a more critical cast of mind in this country. Recent polls, for instance, show that “only” 56% of Americans now think we were right to use nuclear weapons against Japan, down a few points since the 1990s, while support among Americans under the age of 30 has finally fallen below 50%. You might also note that just after World War II, 85% of Americans supported the bombings.

    Of course, such pro-bomb attitudes were hardly surprising in 1945, especially given the relief and joy at the war’s victorious ending and the anti-Japanese sentiment of that moment. Far more surprising: by 1946, millions of Americans were immersed in John Hersey’s best-selling book Hiroshima, a moving report from ground zero that explored the atomic bomb’s impact through the experiences of six Japanese survivors. It began with these gripping lines:

    “At exactly fifteen minutes past eight in the morning, on August 6, 1945, Japanese time, at the moment when the atomic bomb flashed above Hiroshima, Miss Toshiko Sasaki, a clerk in the personnel department of the East Asia Tin Works, had just sat down at her place in the plant office and was turning her head to speak to the girl at the next desk.”

    Hiroshima remains a remarkable document for its unflinching depictions of the bomb’s destructiveness and for treating America’s former enemy with such dignity and humanity. “The crux of the matter,” Hersey concluded, “is whether total war in its present form is justifiable, even when it serves a just purpose. Does it not have material and spiritual evil as its consequences which far exceed whatever good might result?”

    The ABC Radio Network thought Hersey’s book so important that it hired four actors to read it in full on the air, reaching an even wider audience. Can you imagine a large American media company today devoting any significant air time to a work that engendered empathy for the victims of our twenty-first century wars? Or can you think of a recent popular book that prods us to consider the “material and spiritual evil” that came from our own participation in World War II? I can’t.

    In fact, in the first years after that war, as Paul Boyer showed in his superb book By the Bomb’s Early Light, some of America’s triumphalism faded as fears grew that the very existence of nuclear weapons might leave the country newly vulnerable. After all, someday another power, possibly the Soviet Union, might use the new form of warfare against its creators, producing an American apocalypse that could never be seen as redemptive or merciful.

    In the post-Cold War decades, however, those fears have again faded (unreasonably so since even a South Asian nuclear exchange between Pakistan and India could throw the whole planet into a version of nuclear winter). Instead, the “Good War” has once again been embraced as unambiguously righteous. Consider, for example, the most recent book about World War II to hit it big, Laura Hillenbrand’s Unbroken: A World War II Story of Survival, Resilience, and Redemption. Published in 2010, it remained on the New York Times best-seller list in hardcover for almost four years and has sold millions of copies. In its reach, it may even surpass Tom Brokaw’s 1998 book, The Greatest Generation. A Hollywood adaptation of Unbroken appeared last Christmas.

    Hillenbrand’s book does not pretend to be a comprehensive history of World War II or even of the war in the Pacific. It tells the story of Louis Zamperini, a child delinquent turned Olympic runner turned B-24 bombardier. In 1943, his plane was shot down in the Pacific. He and the pilot survived 47 days in a life raft despite near starvation, shark attacks, and strafing by Japanese planes. Finally captured by the Japanese, he endured a series of brutal POW camps where he was the victim of relentless sadistic beatings.

    The book is decidedly a page-turner, but its focus on a single American’s punishing ordeal and amazing recovery inhibits almost any impulse to move beyond the platitudes of nationalistic triumphalism and self-absorption or consider (among other things) the racism that so dramatically shaped American combat in the Pacific. That, at least, is the impression you get combing through some of the astonishing 25,000 customer reviews Unbroken has received on Amazon. “My respect for WWII veterans has soared,” a typical reviewer writes. “Thank you Laura Hillenbrand for loving our men at war,” writes another. It is “difficult to read of the inhumanity of the treatment of the courageous men serving our country.” And so on.

    Unbroken devotes a page and a half to the atomic bombing of Hiroshima, all of it from the vantage point of the American crew of the Enola Gay. Hillenbrand raises concerns about the crew’s safety: “No one knew for sure if… the bomber could get far enough away to survive what was coming.” She describes the impact of the shockwaves, not on the ground, but at 30,000 feet when they slammed into the Enola Gay, “pitching the men into the air.”

    The film version of Unbroken evokes even less empathy for the Japanese experience of nuclear war, which brings to mind something a student told my graduate seminar last spring. He teaches high school social studies and when he talked with colleagues about the readings we were doing on Hiroshima, three of them responded with some version of the following: “You know, I used to think we were wrong to use nukes on Japan, but since I saw Unbroken I’ve started to think it was necessary.” We are, that is, still in the territory first plowed by Truman in that speech seven decades ago.

    At the end of the film, this note appears on the screen: “Motivated by his faith, Louie came to see that the way forward was not revenge, but forgiveness. He returned to Japan, where he found and made peace with his former captors.”

    That is indeed moving. Many of the prison camp guards apologized, as well they should have, and — perhaps more surprisingly — Zamperini forgave them. There is, however, no hint that there might be a need for apologies on the American side, too; no suggestion that our indiscriminate destruction of Japan, capped off by the atomic obliteration of two cities, might be, as Admiral Leahy put it, a violation of “all of the known laws of war.”

    So here we are, 70 years later, and we seem, if anything, farther than ever from a rejection of the idea that launching atomic warfare on Japanese civilian populations was an act of mercy. Perhaps some future American president will finally apologize for our nuclear attacks, but one thing seems certain: no Japanese survivor of the bombs will be alive to hear it.




    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • Iran Nuclear Accord: Balance of Power in the Middle East Just Changed

    August 4, 2015 // 4 Comments

    Tags: , ,
    Posted in: Embassy/State, Iran, Iraq

    iran_nuclear_451650529

    Don’t sweat the details of the July nuclear accord between the United States and Iran. What matters is that the calculus of power in the Middle East just changed in significant ways.


    Washington and Tehran announced their nuclear agreement on July 14th and yes, some of the details are still classified. Of course the Obama administration negotiated alongside China, Russia, Great Britain, France, and Germany, which means Iran and five other governments must approve the detailed 159-page “Joint Comprehensive Plan of Action.” The U.N., which also had to sign off on the deal, has already agreed to measures to end its sanctions against Iran.

    If we’re not all yet insta-experts on centrifuges and enrichment ratios, the media will ensure that in the next two months — during which Congress will debate and weigh approving the agreement — we’ll become so. Verification strategies will be debated. The Israelis will claim that the apocalypse is nigh. And everyone who is anyone will swear to the skies that the devil is in the details. On Sunday talk shows, war hawks will fuss endlessly about the nightmare to come, as well as the weak-kneedness of the president and his “delusional” secretary of state, John Kerry. (No one of note, however, will ask why the president’s past decisions to launch or continue wars in the Middle East were not greeted with at least the same sort of skepticism as his present efforts to forestall one.)

    There are two crucial points to take away from all the angry chatter to come: first, none of this matters and second, the devil is not in the details, though he may indeed appear on those Sunday talk shows.

    Here’s what actually matters most: at a crucial moment and without a shot being fired, the United States and Iran have come to a turning point away from an era of outright hostility. The nuclear accord binds the two nations to years of engagement and leaves the door open to a far fuller relationship. Understanding how significant that is requires a look backward.


    A Very Quick History of U.S.-Iranian Relations

    The short version: relations have been terrible for almost four decades. A slightly longer version would, however, begin in 1953 when the CIA helped orchestrate a coup to oust Iran’s democratically elected prime minister, Mohammad Mosaddegh. A secular leader — just the sort of guy U.S. officials have dreamed about ever since the ayatollahs took power in 1979 — Mosaddegh sought to nationalize Iran’s oil industry. That, at the time, was a total no-no for Washington and London. Hence, he had to go.

    In his place, Washington installed a puppet leader worthy of the sleaziest of banana republics, Shah Mohammad Reza Pahlavi. The U.S. assisted him in maintaining a particularly grim secret police force, the Savak, which he aimed directly at his political opponents, democratic and otherwise, including the ones who espoused a brand of Islamic fundamentalism unfamiliar to the West at the time. Washington lapped up the Shah’s oil and, in return, sold him the modern weapons he fetishized. Through the 1970s, the U.S. also supplied nuclear fuel and reactor technology to Iran to build on President Dwight Eisenhower’s “Atoms for Peace” initiative, which had kicked off Iran’s nuclear program in 1957.

    In 1979, following months of demonstrations and seeing his fate in the streets of Tehran, the Shah fled. Religious leader Ayatollah Khomeini returned from exile to take control of the nation in what became known as the Islamic Revolution. Iranian “students” channeled decades of anti-American rage over the Shah and his secret police into a takeover of the American Embassy in Tehran. In an event that few Americans of a certain age are likely to forget, 52 American staffers were held hostage there for some 15 months.

    In retaliation, the U.S. would, among other things, assist Iraqi autocrat Saddam Hussein (remember him?) in his war with Iran in the 1980s, and in 1988, an American guided missile cruiser in the Persian Gulf would shoot down a civilian Iran Air flight, killing all 290 people on board. (Washington claimed it was an accident.) In 2003, when Iran reached out to Washington, following American military successes in Afghanistan, President George W. Bush declared that country part of the “Axis of Evil.”

    Iran later funded, trained, and helped lead a Shiite insurgency against the United States in Iraq. In tit-for-tat fashion, U.S. forces raided an Iranian diplomatic office there and arrested several staffers. As Washington slowly withdrew its military from that country, Iran increased its support for pro-Tehran leaders in Baghdad. When Iran’s nuclear program grew, the U.S. attacked its computers with malware, launching what was in effect the first cyberwar in history. At the same time, Washington imposed economic sanctions on the country and its crucial energy production sector.

    In short, for the last 36 years, the U.S.-Iranian relationship has been hostile, antagonistic, unproductive, and often just plain mean. Neither country seems to have benefited, even as both remained committed to the fight.


    Iran Ascendant

    Despite the best efforts of the United States, Iran is now the co-dominant power in the Middle East. And rising. (Washington remains the other half of that “co.”)

    Another quick plunge into largely forgotten history: the U.S. stumbled into the post-9/11 era with two invasions that neatly eliminated Iran’s key enemies on its eastern and western borders — Saddam Hussein in Iraq and the Taliban in Afghanistan. (The former is, of course, gone for good; the latter is doing better these days, though unlikely to threaten Iran for some time.) As those wars bled on without the promised victories, America’s military weariness sapped the desire in the Bush administration for military strikes against Iran. Jump almost a decade ahead and Washington now quietly supports at least some of that country’s military efforts in Iraq against the insurgent Islamic State. The Obama administration is seemingly at least half-resigned to looking the other way while Tehran ensures that it will have a puppet regime in Baghdad. In its serially failing strategies in Yemen, Lebanon, and Syria, Washington has all but begged the Iranians to assume a leading role in those places. They have.

    And that only scratches the surface of the new Iranian ascendancy in the region. Despite the damage done by U.S.-led economic sanctions, Iran’s real strength lies at home. It is probably the most stable Muslim nation in the Middle East. It has existed more or less within its current borders for thousands of years. It is almost completely ethnically, religiously, culturally, and linguistically homogeneous, with its minorities comparatively under control. While still governed in large part by its clerics, the country has nonetheless experienced a series of increasingly democratic electoral transitions since the 1979 revolution. Most significantly, unlike nearly every other nation in the Middle East, Iran’s leaders do not rule in fear of an Islamic revolution. They already had one.


    Why Iran Won’t Have Nuclear Weapons

    Now, about those nukes. It would take a blind man in the dark not to notice one obvious fact about the Greater Middle East: regimes the U.S. opposes tend to find themselves blasted into chaos once they lose their nuclear programs. The Israelis destroyed Saddam’s program, as they did Syria’s, from the air. Muammar Qaddafi’s Libya went down the drain thanks to American/NATO-inspired regime change after he voluntarily gave up his nuclear ambitions. At the same time, no one in Tehran could miss how North Korea’s membership in the regime-change club wasn’t renewed once that country went nuclear. Consider those pretty good reasons for Iran to develop a robust nuclear weapons program — and not give it up entirely.

    While, since 2002, Washington hasn’t taken a day off in its saber-rattling toward Iran, it isn’t the only country the clerics fear. They are quite convinced that Israel, with its unacknowledged but all too real nuclear arsenal, is capable and might someday be willing to deliver a strike via missile, aircraft, or submarine.

    Now, here’s the added irony: American sabers and Israeli nukes also explain why Iran will always remain a nuclear threshold state — one that holds most or all of the technology and materials needed to make such a weapon, but chooses not to take the final steps. Just exactly how close a country is at any given moment to having a working nuclear weapon is called “breakout time.” If Iran were to get too close, with too short a breakout time, or actually went nuclear, a devastating attack by Israel and/or the United States would be a near inevitability. Iran is not a third world society. Its urban areas and infrastructure are exactly the kinds of things bombing campaigns are designed to blow away. So call Iran’s nuclear program a game of chicken, but one in which all the players involved always knew who would blink first.


    The U.S.-Iran Nuclear Accord

    So if Iran was never going to be a true nuclear power and if the world has lived with Iran as a threshold state for some time now, does the July accord matter?

    There are two answers to that question: it doesn’t and it does.

    It doesn’t really matter because the deal changes so little on the ground. If the provisions of the accord are implemented as best we currently understand them, with no cheating, then Iran will slowly move from its current two- to three-month breakout time to a year or more. Iran doesn’t have nukes now, it would not have nukes if there were no accord, and it won’t have nukes with the accord. In other words, the Vienna agreement successfully eliminated weapons of mass destruction that never existed.

    It does really matter because, for the first time in decades, the two major powers in the Middle East have opened the door to relations. Without the political cover of the accord, the White House could never envisage taking a second step forward.

    It’s a breakthrough because through it the U.S. and Iran acknowledge shared interests for the first time, even as they recognize their ongoing conflicts in Syria, Yemen, and elsewhere. That’s how adversaries work together: you don’t have to make deals like the July accord with your friends. Indeed, President Obama’s description of how the deal will be implemented — based on verification, not trust — represents a precise choice of words. The reference is to President Ronald Reagan, who used the phrase “trust but verify” in 1987 when signing the Intermediate-Range Nuclear Forces Treaty with the Russians.

    The agreement was reached the old-school way, by sitting down at a table over many months and negotiating. Diplomats consulted experts. Men and women in suits, not in uniform, did most of the talking. The process, perhaps unfamiliar to a post-9/11 generation raised on the machismo of “you’re either with us or against us,” is called compromise. It’s an essential part of a skill that is increasingly unfamiliar to Americans: diplomacy. The goal is not to defeat an enemy, find quick fixes, solve every bilateral issue, or even gain the release of the four Americans held in Iran. The goal is to achieve a mutually agreeable resolution to a specific problem. Such deft statecraft demonstrates the sort of foreign policy dexterity American voters have seldom seen exercised since Barack Obama was awarded the 2009 Nobel Peace Prize (Cuba being the sole exception).


    It’s All About the Money

    While diplomacy brought the United States and Iran to this point, cash is what will expand and sustain the relationship.

    Iran, with the fourth-largest proven crude oil reserves and the second-largest natural gas reserves on the planet, is ready to start selling on world markets as soon as sanctions lift. Its young people reportedly yearn for greater engagement with the West. The lifting of sanctions will allow Iranian businesses access to global capital and outside businesses access to starved Iranian commercial markets.

    Since November 2014, the Chinese, for example, have already doubled their investment in Iran. European companies, including Shell and Peugeot, are now holding talks with Iranian officials. Apple is contacting Iranian distributors. Germany sent a trade delegation to Tehran. Ads for European cars and luxury goods are starting to reappear in the Iranian capital. Hundreds of billions of dollars worth of foreign technology and expertise will need to be acquired if the country is to update its frayed oil and natural gas infrastructure. Many of its airliners are decades old and need replacement. Airlines in Dubai are fast adding new Iran routes to meet growing demand. The money will flow. After that, it will be very hard for the war hawks in Washington, Tel Aviv, or Riyadh to put the toothpaste back in the tube, which is why you hear such screaming and grinding of teeth now.


    The Real Fears of the Israelis and the Saudis

    Neither Israel nor the Saudis ever really expected to trade missile volleys with a nuclear-armed Iran, nor do their other primary objections to the accord hold much water. Critics have said the deal will only last 10 years. (The key provisions scale in over 10 years, then taper off.) Leaving aside that a decade is a lifetime in politics, this line of thinking also presumes that, as the calendar rolls over to 10 years and a day, Iran will bolt from the deal and go rogue. It’s a curious argument to make.

    Similarly, any talk of the accord touching off a nuclear arms race in the Middle East is long out of date. Israel has long had the bomb, with no arms race triggered. Latent fears that Iran will create “the Islamic Bomb” ignore the fact that Pakistan, with own hands dirty from abetting terror and plenty of Islamic extremists on hand, has been a nuclear power since at least 1998.

    No, what fundamentally worries the Israelis and the Saudis is that Iran will rejoin the community of nations as a diplomatic and trading partner of the United States, Asia, and Europe. Embarking on a diplomatic offensive in the wake of its nuclear deal, Iranian officials assured fellow Muslim countries in the region that they hoped the accord would pave the way for greater cooperation. American policy in the Persian Gulf, once reliably focused only on its own security and energy needs, may (finally) start to line up with an increasingly multifaceted Eurasian reality. A powerful Iran is indeed a threat to the status quo — hence the upset in Tel Aviv and Riyadh — just not a military one. Real power in the twenty-first century, short of total war, rests with money.

    The July accord acknowledges the real-world power map of the Middle East. It does not make Iran and the United States friends. It does, however, open the door for the two biggest regional players to talk to each other and develop the kinds of financial and trade ties that will make conflict more impractical. After more than three decades of U.S.-Iranian hostility in the world’s most volatile region, that is no small accomplishment.




    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • House Passes Law to Revoke Passports of Americans Affiliated with Terror Organizations

    August 3, 2015 // 16 Comments

    Tags: ,
    Posted in: Democracy, Police State, Post-Constitution America

    passport revoked


    The House of Representatives quietly passed a bill at the end of July allowing the State Department to revoke or deny passports to Americans with connections to “foreign terrorist organizations.”

    The measure, which passed by a voice vote after only a 15-minute debate, in theory aims to prevent “lone wolves” from traveling abroad to join a terror organization, or, if their passports are revoked while they are abroad, from returning to the United States.

    “The Benedict Arnold traitors who have turned against America and joined the ranks of the terrorist army ISIS should lose all rights afforded to our citizens,” Ted Poe (R-Texas), the bill’s sponsor, said. “These people are not returning to America to open coffee shops, they are coming back to kill. We must stop them from coming back at all.”

    The full text of the three-page bill is quite open-ended as to how this process will work, stating the criteria only as “aided, assisted, abetted, or otherwise helped an organization the Secretary of State has designated as a foreign terrorist organization.”

    The travel restriction requires no presumption of innocence for the targeted individual, no explanation, no public presentation of evidence, no opportunity for a defense, no checks and balances on the power. The bill does not outline any appeals or other forms of due process for the target. The only stipulation is that the Secretary of State report the action to the Senate Committee on Foreign Relations and the House Committee on Foreign Affairs in either classified or unclassified form. Senate approval is required for the new bill to become law.


    The Bill represents another step for a government that increasingly seeks to control its citizens by arbitrary standards (see the No-Fly list). But the bill is evolutionary, not revolutionary.

    The Government of the United States has had for some time the ability to take away passports from American Citizens because “The Secretary of State determines that the applicant’s activities abroad are causing or are likely to cause serious damage to the national security or the foreign policy of the United States.” That sliver of law means if the government feels it is against its interest for you to have a passport and thus the freedom to travel, to depart the United States if you wish to, it will just take it away. The law allows them to do this prospectively, the “or are likely to cause…” part of the law, meaning you don’t need to have done anything. The government just needs to decide that you might.

    The last public use of this law was in 2011, when prior to having him and his 16-year-old son away blown away via drone, Secretary of State Hillary Clinton secretly revoked the passport of Anwar al-Awlaki, al Qaeda propagandist and U.S. Citizen.


    I have been unable to track down other recent public examples where the U.S. Government revoked the passport of an American simply because his/her presence abroad bothered – or might bother – the Secretary of State. In fact, the only example I was able to locate was that of infamous ex-CIA officer Philip Agee, who in the 1970’s exposed CIA officers identities. It was Agee’s case that prompted a Supreme Court review of the Department of State’s ability to revoke passports simply because the government didn’t want you to travel abroad (the Supreme’s upheld the government’s ability to do so based on a 1926 law after lower courts said no.

    The Court stated “The right to hold a passport is subordinate to national security and foreign policy considerations.”



    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • U.S. Navy Pays $9 million a Year to Cling to Windows XP

    August 1, 2015 // 6 Comments

    Tags: ,
    Posted in: Iraq

    winxppro

    Getting ready for that free update to Windows 10? Using the latest OS on your iPhone-Apple Watch-MacBook setup? Smart enough to have moved to a full-on Linux system?


    If you answered YES to any of the questions above, you are not the U.S. Navy. The Navy is still running Windows XP, a decent enough system when it came out in 2001, fourteen years ago. Fourteen years in computer time is like twenty million people years, FYI. Dinosaurs still roamed the earth when Xp came out. You probably aren’t driving the same car you had in 2001, are you?

    The choice to use the obsolete operating system costs the Navy $9 million every year, as Microsoft stopped providing free technical support and security updates for Windows XP over a year ago. Never one to leave a buck on the table, especially when it is a taxpayer dollars, Microsoft provided the option of continued support for XP for a price. That’s what the Navy has to pay for.

    For those keeping track, there are four versions of Windows that are newer than XP – Windows Vista, Windows 7, Windows 8 and the soon-to-be released Windows 10. The Navy said it has plans to upgrade to one of those (oh sure, go for Vista!) by July 2016, but there’s a chance it will take even longer. Consequently, the Navy’s contract with Microsoft includes an option to extend the agreement until June 2017.

    “The Navy relies on a number of applications and programs that are reliant on legacy Windows products,” a spokesman for Space and Naval Warfare Systems Command told CNN. “Until those applications and programs are modernized or phased out, this continuity of services is required to maintain operational effectiveness.”

    ProTip: Never accept a piece of custom software that is reliant on features in a current operating system. That is not smart management. Failure to future-proof software (remember the Y2K thingie?) is great news for contractors and poor planning on the part of government and business.

    And good news, while most of the Navy’s land-based computers have already been upgraded to newer versions of Windows, the 100,000 computers located on ships are the ones that still rely on XP. So sleep safe, America, your sons and daughters at sea are safe in the arms of the mighty XP.


    “Ah, Alpha two niner, this is Nimitz control. Any chance you can ask the Chinese to hold off that missile attack on our fleet? We have to reboot the air defense system, and you know how damn long XP takes.”





    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • UN Gives U.S. Flunking Grades on Privacy

    July 31, 2015 // 12 Comments

    Tags: , ,
    Posted in: Democracy, Police State, Post-Constitution America

    privacy-card-3x2


    For a nation that goes out of its way to tell everybody else what to do about freedomism, and which still has, on paper at least, Constitutional Fourth Amendment guarantees against unlawful search and seizure, America fails miserably in assuring its citizens their rights.


    In fact, according to a UN study, the self-proclaimed “Exceptional Nation” ranks with China, Bolivia and Djibouti. Yea us!

    A United Nations Human Rights Committee issued midterm report cards for several countries based on how well they adhered to and implemented its recommendations related to the International Covenant of Civil and Political Rights, an international treaty outlining the rights of all individuals. The U.S. performance overall was “not satisfactory.”

    In particular, the committee noted that the U.S. government failed to establish an adequate oversight system to make sure privacy rights are being upheld, and failed to make sure that any breaches of privacy were regulated and authorized by law, such as requiring a warrant. The lowest grade reflected America’s failure to “ensure affected persons have access to effective remedies in cases of abuse.”

    The committee also expressed dismay at the U.S. failure to “establish the responsibility of those who provided legal pretexts for manifestly illegal behavior.”

    Last year, the Human Rights Committee submitted recommendations to the United States on areas where it could improve the privacy rights of its citizens, following revelations made by NSA whistleblower Edward Snowden. But according to the midterm review, many of those suggestions were not addressed.

    So shut the hell up Americans. You’ll get your freedom when and if the authorities decide to give any to you.







    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • Post-Constitutional America, Where Innocence is a Poor Defense

    July 30, 2015 // 3 Comments

    Tags: , , ,
    Posted in: Embassy/State, Police State, Post-Constitution America

    Rahinah Ibrahim is a slight Malaysian woman who attended Stanford University on a U.S. student visa, majoring in architecture. She was not a political person. Despite this, as part of a post-9/11 sweep directed against Muslims, she was investigated by the FBI. In 2004, while she was still in the U.S. but unbeknownst to her, the FBI sent her name to the no-fly list.

    Ibrahim was no threat to anyone, innocent of everything, and ended up on that list only due to a government mistake. Nonetheless, she was not allowed to reenter the U.S. to finish her studies or even attend her trial and speak in her own defense. Her life was derailed by the tangle of national security bureaucracy and pointless “anti-terror” measures that have come to define post-Constitutional America. Here’s what happened, and why it may matter to you.

    The No-Fly List

    On September 10, 2001, there was no formal no-fly list. Among the many changes pressed on a scared population starting that September 12th were the creation of two such lists: the no-fly list and the selectee list for travelers who were to undergo additional scrutiny when they sought to fly.  If you were on the no-fly list itself, as its name indicated, you could not board a flight within the U.S. or one heading out of or into the country. As a flight-ban plan, it would come to extend far beyond America’s borders, since the list was shared with 22 other countries.

    No one knows how many names are on it. According to one source, 21,000 people, including some 500 Americans, are blacklisted; another puts the figure at 44,000. The actual number is classified.

    On January 2, 2005, unaware of her status as a threat to the United States, Ibrahim left Stanford for San Francisco International Airport to board a flight to Malaysia for an academic conference. A ticket agent saw her name flagged in the database and called the police.

    Despite being wheelchair-bound due to complications from a medical procedure, Ibrahim was handcuffed, taken to a detention cell, and denied access to medication she had in hand. Without explanation, after extensive interrogation, she was allowed to board her flight. When she tried to return to America to resume her studies, however, she found herself banned as a terrorist.

    Suing the United States

    Stuck in Malaysia, though still in possession of a valid student visa, Ibrahim filed a lawsuit against the U.S. government, asking to be removed from the no-fly list and allowed back into the country to continue her architectural studies.

    Over almost nine years, the U.S. Department of Justice (DOJ) employed an arsenal of dodges and post-9/11 tricks to impede her lawsuit, including invoking the “state secrets doctrine” to ensure that she would never have access to the records she needed. “State secrets” is not a law in the U.S., as it is, for example, in Great Britain, where the monarch also retains “Crown Privilege,” the absolute right to refuse to share information with Parliament or the courts. Here, it is instead a kind of assumed privilege and the courts accept it as such. Based on it, the president can refuse to produce evidence in a court case on the grounds that its public disclosure might harm national security. The government has, in the past, successfully employed this “privilege” to withhold information and dead-end legal challenges. Once “state secrets” is in play, there is literally nothing left to talk about in court.

    A related DOJ dodge was also brought to bear in an attempt to derail Ibrahim’s case: the use of made-up classification categories that dispatch even routine information into the black world of national security. Much of the information concerning her placement on the no-fly list, for instance, was labeled Security Sensitive Information (SSI) and so was unavailable to her. SSI is among hundreds of post-9/11 security categories created via memo by various federal agencies. These categories, too, have no true legal basis. Congress never passed a law establishing anything called SSI, nor is there any law prohibiting the disclosure of SSI information. The abuse of such pseudo-classifications has been common enough in the post-9/11 years and figured significantly in the ongoing case of Transportation Security Administration (TSA) whistleblower Robert MacLean.

    Next in its end-run around Ibrahim’s lawsuit, the DOJ pulled “standing” out of its bag of tricks. Standing is a legal term that means a person filing a lawsuit has a right to do so. For example, in some states you must be a resident to sue. Seeking to have a case thrown out because the plaintiff does not have standing was a tactic used successfully by the government in other national security cases. The ACLU, for instance, sued the National Security Agency for Fourth Amendment violations in 2008. The Supreme Court rejected the case in 2013 for lack of standing, claiming that unless the ACLU could conclusively prove it had been spied upon, it could not sue. In the wake of the Edward Snowden revelations showing that the NSA indeed spied widely on American citizens, the ACLU has revived the suit.  It claims that the new documents provide clear evidence of broad-based surveillance and so now give it standing.

    Standing was also used by the DOJ in the case of American citizen and purported al-Qaeda member Anwar al-Awlaki, whom the U.S. murdered by drone in Yemen. Prior to his son’s death, attorneys for al-Awlaki’s father tried to persuade a U.S. District Court to issue an injunction preventing the government from killing him. A judge dismissed the case, ruling that the father did not have standing to sue.

    In Ibrahim’s no-fly case, the government argued that since she was not an American citizen, she had no standing to sue the government for its actions against her in the U.S. When all of those non-meritorious challenges failed to stop the case, the government invoked the very no-fly designation Ibrahim was challenging, and refused to allow her to travel to the United States to testify at her own trial.

    Next, Ibrahim’s daughter, an American citizen traveling on a U.S. passport, was not allowed to board a flight from Malaysia to serve as a witness at her mother’s trial. She, too, was told she was on the no-fly list. After some legal tussling, however, she was finally allowed to fly to “the Homeland.” Why the American government changed its mind is classified and almost all of the trial transcript concerning the attempt to stop her from testifying was redacted from public disclosure.

    In addition, by regularly claiming that classified information was going to be presented, the government effectively hid the ludicrous nature of the Ibrahim case from much public scrutiny. The trial was interrupted at least 10 times and the public, including journalists, were asked to leave the courtroom so that “classified evidence” could be presented.

    A message of intimidation had been repeatedly delivered. It failed, however, and Ibrahim’s case went to trial, albeit without her present.

    Ibrahim Wins

    Despite years of effort by the DOJ, Ibrahim won her lawsuit. The U.S. District Court for Northern California ordered the removal of her name from the no-fly list. However, in our evolving post-Constitutional era, what that “victory” revealed should unnerve those who claim that if they are innocent, they have nothing to fear. Innocence is no longer a defense.

    During the lawsuit, it was made clear that the FBI had never intended Ibrahim to be placed on the no-fly list. The FBI agent involved in the initial post-9/11 investigation of Ibrahim simply checked the wrong box on a paper form used to send people into travel limbo. It was a mistake, a slip up, the equivalent of a typo. There was no evidence that the agent intended harm or malice, nor it seems were there any checks, balances, or safeguards against such errors. One agent could, quite literally at the stroke of a pen, end someone’s education, job, and family visits, and there was essentially no recourse.

    Throughout the nine years Ibrahim fought to return to the U.S., it appears that the government either knew all along that she was no threat and tried to cover up its mistake anyway, or fought her bitterly at great taxpayer expense without at any time checking whether the no-fly designation was ever valid. You pick which theory is most likely to disturb your sleep tonight.

    Ibrahim Loses

    Having won her case, Ibrahim went to the airport in Kuala Lumpur to fly back to Stanford and resume her studies. As she attempted to board the plane, however, she was pulled aside and informed that the U.S. embassy in Malaysia had without notice revoked her student visa. No visa meant, despite her court victory, she once again could not return to the United States.

    At the U.S. embassy in Kuala Lumpur, Ibrahim was handed a preprinted “explanation” for the visa revocation with the word “terrorist” hand-written next to the boilerplate text. Ibrahim was never informed of her right under U.S. law to apply for a waiver of the visa revocation.

    Though it refused to re-issue the visa, the State Department finally had to admit in court that it had revoked the document based solely on a computer “hit” in its name-checking database, the Consular Lookout and Support System (CLASS.) That hit, in turn, appeared to be a straggler from the now defunct no-fly list entry made erroneously by the FBI.

    The State Department and CLASS

    As is well known, the State Department issued legal visas to all of the 9/11 terrorists. In part, this was because the CIA and other U.S. intelligence agencies failed to tell State what they knew about the hijackers, as all were suspected to be bad guys. Then and now, such information is passed on when intelligence and law enforcement agencies make electronic entries in State’s computerized lookout system. CLASS is part of the Consular Consolidated Database, one of the largest known data warehouses in the world. As of December 2009, it contained over 100 million cases and 75 million photographs, and has a current growth rate of approximately 35,000 records per day. CLASS also collects the fingerprints of all foreigners issued visas.

    Pre-9/11, various agencies in Washington were reluctant to share information. Now, they regularly dump enormous amounts of it into CLASS. The database has grown 400% since September 11, 2001.

    The problem is that CLASS is a one-way street. Intelligence agencies can put data in, but can’t remove it because State keeps the database isolated from interactive data maintenance. In addition, the basic database it uses to screen out bad guys typically only has a subject’s name, nationality, and the most modest of identifying information, plus a numerical code indicating why a name was entered. One code, 3B, stands for “terrorist”; another, 2A, means “criminal”; and so forth through the long list of reasons the U.S. would not want to issue a visa. Some CLASS listings have just a partial name, and State Department visa-issuing officers regularly wallow through screen after screen of hits like: Muhammad, no last name, no date of birth, Egypt — all marked as “critical, Category One” but with no additional information.

    Nor, when the information exists but was supplied by another agency, do U.S. embassies abroad have direct access to the files. Instead, when a State Department official gets a name “hit” overseas, she must send a “Security Advisory Opinion,” or SAO, back to Washington asking for more information. The recipient of that cable at Foggy Bottom must then sort out which intelligence agency entered the data in the first place and appeal to it for an explanation.

    At that point, intelligence agencies commonly to refuse to share more, claiming that no one at State has the proper clearances and that department should just trust their decision to label someone a bad guy and refuse to issue, or pro-actively revoke, a visa. If, on the other hand, information is shared, it is often done on paper by courier. In other words, a guy shows up at State with a bundle of documents, waits while someone reviews them, and then spirits them back to the CIA, the FBI, or elsewhere. That way, the intelligence agencies, always distrustful of State, are assured that nothing will be leaked or inadvertently disclosed.

    In cases where no more information is available, or what is available is inconclusive, the State Department might allow the visa application to pend indefinitely under the heading “administrative processing,” or simply “prudentially” revoke or not issue the visa. No one wants to risk approving a visa for the next 9/11 terrorist, even if it’s pretty obvious that the applicant is nothing of the sort.

    This undoubtedly is what happened to Ibrahim. Though the details remain classified, State certainly didn’t possess super secret information on her unavailable to other law enforcement or intelligence outfits. Some official surely decided to take no chances and revoked her visa “prudentially” based on the outdated information still lodged in CLASS.

    Not CLASS Alone

    Ibrahim’s case also reveals just how many secret databases of various sorts exist in Washington. Here’s how a name (your name?) gets added to one of those databases, and how it then populates other lists around the world.

    A name is nominated for the no-fly list by one of hundreds of thousands of government officials: an FBI agent, a CIA analyst, a State Department visa officer. Each nominating agency has its own criteria, standards, and approval processes, some — as with the FBI in Ibrahim’s case — apparently pretty sloppy.

    The nominated name is then sent to the Terrorist Screening Center (TSC) at a classified location in suburban Northern Virginia. TSC is a multi-agency outfit administered by the FBI and staffed by officials from the Department of Homeland Security, the Department of State, and all of the Intelligence Community.

    Once a name is approved by the TSC (the process is classified), it will automatically be entered into a number of databases, possibly including but not necessarily limited to:

    *the Department of Homeland Security’s no-fly list;

    *that same department’s selectee list that ensures chosen individuals will be subject to additional airport screening;

    *the State Department’s Consular Lookout and Support System (CLASS, including CLASS-Visa for foreigners and CLASS-Passport for U.S. Citizens);

    *the Department of Homeland Security’s TECS (a successor to the Treasury Enforcement Communications System), which is used in part by customs officials, as well as its Interagency Border Inspection System (IBIS), used by immigration officials;

    *the Known and Suspected Terrorist File (KSTF, previously known as the Violent Gang and Terrorist Organizations File);

    *TUSCAN, a database maintained by Canada;

    *TACTICS, a database maintained by Australia;

    *and finally, an unknown number of other law enforcement and intelligence agency databases, as well as those of other foreign intelligence services with which information may be shared.

    As Ibrahim discovered, once a name is selected, it travels deep and far into both U.S. and foreign databases. If one clears one’s name from one database, there are many others out there waiting. Even a comprehensive victory in one nation’s courts may not affect the records of a third country. And absent frequent travel, a person may never even know which countries have him or her on their lists, thanks to the United States.

    Once she learned that her student visa had been revoked in Malaysia, Ibrahim sued again, asking that the State Department reissue it. The government successfully blocked this suit, citing a long-established precedent that visa matters are essentially an administrative function and so not subject to judicial review.

    A court did scold State for failing to notify Ibrahim of her right to seek a waiver, as it was required to do by law. To the extent that Ibrahim’s case has any life left in it, her next step would be to return to the Department of Justice’s bailiwick and apply for a waiver of the revocation the State Department made based on data given to it by the DOJ that both outfits know was struck down by a court. It’s that “simple.” Meanwhile, she cannot return to the U.S.

    Nothing to Hide?

    A common trope for those considering the way the National Security Agency spies on almost everyone everywhere all the time is that if you have nothing to hide, you have nothing to fear. If your cell phone conversations are chit-chats with mom and your emails tend toward forwards of cute cat videos, why should you care if the NSA or anyone else is snooping?

    Ask Rahinah Ibrahim about that. She did nothing wrong and so should have had nothing to fear. She even has a court decision declaring that she never was nor is a threat to the United States, yet she remains outside America’s borders. Her mistaken placement on the no-fly list plunged her head first into a nightmarish world that would have been all too recognizable to Franz Kafka. It is a world run by people willing to ignore reality to service their bureaucratic imperatives and whose multiplying lists are largely beyond the reach of the law.

    Sad as it may be, the Ibrahim case is a fairly benign example of ordinary Washington practices in the post-9/11 era. Ibrahim is going about her life at peace in Malaysia. Her tangle with the United States seems to have been more a matter of bureaucratic screw-ups than anything else. No one sought to actively destroy her. She was not tortured in a CIA black site, nor left for years in a cage at Guantanamo. Her case is generally seen as, at worst, another ugly stain on the white wall we imagine we are as a nation.

    But the watch lists are there. The tools are in place. And one thing is clear: no one is guarding the guards. You never know whose name just went on a list. Maybe yours?


    [Note to Readers: You can fact-check this one by reviewing the same sources I drew from via links in the piece. Since many of the facts of Ibrahim’s case come from her suit against the Department of Homeland Security, however, I have limited the repetition of that link for ease of reading.  You can find it by clicking here.]





    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • War Against Islamic State to Last 20 More Years

    July 29, 2015 // 8 Comments

    Tags: ,
    Posted in: Afghanistan, Embassy/State, Iran, Iraq, Libya, Yemen

    odierno

    General Ray Odierno, the Army’s most senior leader as Chief of Staff, told reporters the fight against Islamic State (IS) will last “10 to 20 years.”

    That means if we take the General at his word, some of the American soldiers who will be fighting IS two decades from now haven’t even been born yet.


    Just a Bit Longer Than Expected

    “In my mind, ISIS is a ten to twenty year problem, it’s not a two year problem,” Odierno said. “Now, I don’t know what level it will be a problem, but it’s a long term problem.” Odierno is pictured above, when he was the commander of all U.S. forces in Iraq, a war which he did not help to win and a war which birthed IS right under America’s nose.

    “The Obama administration has said ‘three to five’ years. I think in order to defeat IS, it’s going to take longer than that,” Odierno said. “This movement is growing right now, and so I think it’s going to take us a bit longer than we originally thought.”

    Apparently in Odierno’s world, “a bit longer” can mean 15 additional years of conflict.


    But Maybe, Sort Of, Possibly, Someone Else will Fight IS for Us

    But don’t worry, the Army isn’t going to win the fight against IS any more than it won the fight in Iraq, or Afghanistan. See, it is not really their job. Odierno again:

    “To defeat IS is not just a military issue. It is an economic issue. It is a diplomatic issue. It is an issue of moderate versus extremists and it is about also, potentially, having the capability to root them out of the places they now hold in Iraq and Syria. Others should do this. I believe the nations in the Middle East need to solve this problem. We should be helping them to solve this problem.”

    Apparently word on how Odierno and the United States are not going to win the war has not yet filtered down to the nations of the Middle East.

    About a year ago, the U.S. formed a make-believe coalition of 62 nations to fight IS. Where are they all now? The U.S. conducts 85 percent of all air strikes against IS, with most of the rest handled by western allies like Canada, France and the UK. None of the Arab ground troops expected ever showed up.

    So far the only two Middle Eastern entities robustly fighting IS are Shiite militias under the control of Iran, and Iran. Neither is particularly interested in American-style goals; their focus is on eliminating a Sunni armed presence in Iraq, including IS, to secure that country as a client state for Tehran. One of those “with friends like these, who needs enemies?” types of situation.

    There have been even fewer takers for the American request to fight IS in Syria. Or in Yemen, Libya and everywhere else IS is making inroads in the wake of clumsy American policy.

    I’ll check back in on the situation after another two decades or so has passed, and update this article.




    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • Willful Ignorance and the Legacy of the ‘Comfort Women’ (慰安婦) in Japan

    July 28, 2015 // 3 Comments

    Tags: ,
    Posted in: Hooper's War

    comfort-women-5


    Japan’s Prime Minister Shinzo Abe told parliament in January 2015 he was “stunned” at the content of an American high school history textbook. Japan’s Foreign Ministry complained to the book’sauthor. A group of 19 Japanese historians, lead by a professor from Ivy League-equivalent Nihon University is sending “corrections” to the publisher.

    The topic of contention: Japan’s World War II system of sex slavery, the so-called “comfort women,” (慰安婦; ianfu in Japanese) women and girls kidnapped from conquered Asia to serve as sex slaves to the Japanese Imperial Army. Japanese historians downplay or deny their existence. Japan’s Asian neighbors know the truth, and struggle against the revisionist history.

    Germany, Japan and the Legacy of WWII

    Unlike Germany, which has reconciled with its World War II past, paid reparations to its victims and worked to achieve modern relationships with its neighbors, Japan has more than passively chosen to not acknowledge its past. Japan seeks to actively deny the existence of well-documented historical events it committed, even to the detriment of current relations with important neighboring nations. Yet while Holocaust deniers in Germany are seen as little more than crackpots, comfort women deniers occupy positions at the most senior levels of government.

    The majority of Japan’s victims were kidnapped from occupied Korea. Known in Japanese as ianfu, and in Korean as wianbu, the number of women enslaved varies considerably, from unrealistic lows in the tens of thousands to high-end estimates close to half a million. While the numbers themselves are a source of ongoing friction between Japan and the victimized countries, in some ways they matter little; atrocity is atrocity, and tragedy tragedy. Pain does not scale, it simply remains. Nonetheless, differences over the number of women involved are representative of the larger issue: Japan simply will not come to terms with what it did.

    The Evidence

    Japan’s official attitudes toward the issue are especially troubling given the preponderance of evidence even within their own archives. Former Prime Minister Yasuhiro Nakasone, stationed during WWII on Borneo, organized a “comfort station.” The young officer’s success in procuring Indonesian women went so well that he was officially commended. The source of this information? Nakasone’s own 1978 autobiography. Imagine a U.S. presidential candidate making similar claims.

    Limited but key testimony from Japanese responsible for the system also exists. The former president of the Sankei newspaper, a major Japanese daily, worked in the accounting division of the Imperial Japanese Army during the war. He was in charge of staffing and opening “comfort stations.” The now-elderly former bureaucrat described his work as “When we procured the girls, we had to look at their endurance, how used up they were, whether they were good or not. We had to calculate the allotted time for commissioned officers, commanding officers, grunts, how many minutes. There was even a prospectus we learned in military accounting school. The term used for the procurement of women was choben, an old military word that referred to gathering food for the horses.”

    But nothing from the Japanese side comes close to comparing to the memories of the surviving women themselves. Here is just one example; as with the Holocaust, there are too many more:

    Soldiers came to my room. The first soldier wasn’t drunk and when he tried to rip my clothes off, I shouted “No!” and he left. The second soldier was drunk. He waved a knife at me and threatened to kill me if I didn’t do what he said. But I didn’t care if I died, and in the end he stabbed me… My clothes were soaked with blood. I was treated in the infirmary for twenty days. I was sent back to my room. A soldier who had just returned from the fighting came in… I had a bandage on my chest. Despite that, the soldier attacked me, and when I wouldn’t do what he said, he seized my wrists and threw me out of the room. My wrists were broken, and they are still very weak. I was kicked by a soldier. It took the skin right off… you could see the bone. When the soldiers came back from the battlefields, as many as 20 men would come to my room from early morning… There was no bedding… underneath was earth. We cried in the dark “Mummy, it hurts!

    Approximately three quarters of comfort women died, and most survivors were left infertile due to sexual trauma or sexually transmitted diseases. Beatings and physical torture, beyond the daily gang rapes, were common.



    Current Efforts in Japan to Deny the Issue

    Current Prime Minister Abe’s administration denies Japan ran a system of human trafficking and sex slavery, implying that comfort women were simply camp-following prostitutes. His latest move came at the end of October 2014 when his party appointed Nakasone’s son to chair a commission to “consider concrete measures to restore Japan’s honor with regard to the comfort women issue.”

    Abe’s goal is to dilute the 1993 Kono Statement, named for Japan’s chief cabinet secretary at the time, Yohei Kono. Though perhaps unnecessarily vague in the original language text, the statement was understood in Asia as about the closest that was ever going to emerge from the Japanese government to an apology for the sex slave system.

    The current efforts by Abe to deny sex slavery are not his first. During Abe’s first administration, in 2007, his cabinet began undermining the Kono Statement by stating there was no documentary evidence of coercion in the acquisition of women, and that the Statement was not binding government policy.



    Sex Slaves and Foreign Relations

    The Japanese government seems unconcerned in the extreme with how its views on WWII sex slavery affect its Asian neighbors. The issue remains a block to better relations with Korea and China especially; some of Japan’s other neighbors who do not occupy such strong economic positions have had to ameliorate their criticism for practical reasons, though the underlying anger remains.

    The role of the United States remains troubling to many. Unlike in Germany, where the U.S.-led Nuremberg Trials pressed Nazi war crimes into the world’s media and served as a starting point for Germany’s own healing, war crime trials in post-war Japan were brief, focused in large part on responsibility for the decision to go to war in the first place, and purposefully excluded the Emperor. Imagine if Hitler had lived and if the U.S. chose not to bring him to trial.

    More recent support in the United States is spotty. The House of Representatives, in 2007, passed a non-binding resolution asking the Japanese government to redress the situation and to teach the actual historical facts in its schools. In 2012, then-Secretary of State Hillary Clinton denounced the use of the euphemism “comfort women” and stated the victims should be referred to as “enforced sex slaves.”

    However, the United States otherwise has remained largely silent on the issue, preferring to say the disagreements over the history of the sex slaves, like those over the facts of the Rape of Nanjing and the ownership of several small islands in the region that continue to roil East Asian relations, need to be sorted out by the parties involved. Many see this as a weak way out, and, given America’s influence over Japan, almost a tacit acceptance of Japan’s history as unimportant.


    How many Japanese citizens agree with their government’s version of WWII history is difficult to pin down. However, given the election successes of those politicians pandering to the extreme revisionist views of events, one can sadly surmise the percentage is not small. Willful ignorance in the face of overwhelming evidence remains the most recent wounds committed against the “comfort women” by Japan.



    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

  • Hillary Clinton Emails Said to Contain Classified Data

    July 27, 2015 // 12 Comments

    Tags: ,
    Posted in: 2016, Embassy/State

    hillary clinton

    Here’s the story behind the drive by the Inspector General of the State Department and the Intelligence Community Inspector General for the Justice Department open a full investigation into Hillary Clinton’s use of a private email account while she held the position of secretary of state.


    Government investigators discovered classified information on the private email account that Hillary used while secretary of state, stating “unequivocally” that those secrets never should have been stored outside of secure systems.

    The inspectors general of the State Department and the nation’s intelligence agencies said the information they found was classified when it was sent and remains so now. Information is considered classified if its disclosure would likely harm national security, and such information can be sent or stored only on computer networks with special safeguards. The inspectors have not revealed which of Clinton’s emails contained classified data, though the State Department has redacted portions of email it has released, and the FBI demanded data in some emails pertaining to the security situation in Libya be withheld.

    Clinton has said for months that she kept no classified information on the private server that she set up. Her campaign said Friday that any government secrets found on the server had been classified after the fact.


    There are multiple holes in Clinton’s latest set of excuses.


    To begin, she has stated there was nothing classified on her server. It appears now there was. The source is not a partisan attack dog, but the State Department’s own inspector general and the intelligence community. She violated national security, which require cleared individuals, such as Hillary, to protect sensitive information. Exposing classified data is a crime; that is what Chelsea Manning and Edward Snowden are accused of doing. It does not matter if the info can be proven to have reached the media or an adversary, the crime is the exposure itself, not the results.

    A person in Hillary’s position, and certainly with her claimed experience in government, should know what is and is not classified, sensitive or otherwise needs to be protected. In my own 24 years with the State Department, I saw that almost everything that reached the secretary’s office needed to be classified, either because of the contents itself, or because it was part of the tiny fraction of information that bubbled up that high. Of all the issues in the world, an adversary knowing what the secretary was personally focused on, or how the data was being presented to her, was valuable in its own right.

    Some/much of the information Hillary was dealing with originated within her inner circle, particularly email sent between her and her closest advisors that helped shape her decisions. It is the originating person that is charged inside State with assigning a classification. If Hillary’s staff did not assign a classification, well, then one was not technically included with the data. But that’s a fudge; it is the data itself that matters, with or without a label, and as part of the responsibility for holding a clearance a person is expected to make judgements to protect information. Hillary knew how sensitive the information was at times. It is a veneer of deniability.

    There have also been multiple public cases where the government has taken action against individuals because they “should have known unclassified” data “should have been classified” and thus protected. Google up those of TSA’s Robert MacLean, NSA’s Thomas Drake and, sadly, my own. All of us were punished, fired or threatened with jail over the alleged release of unclassified data that the government deemed ex post facto should have been considered classified. This is not speculation, it is precedent.

    Criminal? Maybe. Irresponsible? Likely. Not very presidential? Certainly.



    Related Articles:




    Copyright © 2015. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!

IP Blocking Protection is enabled by IP Address Blocker from LionScripts.com.